Kenyan Court Acquits Political Activist Over Social Media Threats Case
Nairobi, 20 January 2026
A Nairobi court has acquitted political activist Nuru Okanga of charges related to allegedly threatening President William Ruto on social media, after prosecutors failed to prove he created or uploaded the disputed video. The court found critical gaps in digital evidence handling, with investigators admitting they lacked expertise in video authentication and couldn’t demonstrate the content originated from Okanga’s devices. Represented by MP Babu Owino, Okanga walked free after an 18-month legal battle that highlighted Kenya’s ongoing tensions around digital rights and freedom of expression in the political sphere.
Prosecution’s Evidence Crumbles Under Scrutiny
The acquittal on 20 January 2026 came after Magistrate Rose Ndombi found that prosecutors had failed to establish a prima facie case against Okanga across all three charges [1]. The case centred on allegations that Okanga had posted a video on social media platforms, including TikTok, containing remarks that threatened President Ruto [1]. Specifically, the prosecution claimed the video urged then-Deputy President Rigathi Gachagua to use his past experience as a District Commissioner to shoot the President [1]. However, critical flaws in the evidence gathering process ultimately undermined the prosecution’s case.
Digital Evidence Handling Failures Exposed
The court identified significant gaps in how digital evidence was collected and analysed during the investigation. The investigating officer admitted to not being an expert in determining video authenticity, whilst the digital analyst conceded that the disputed video was not extracted from Okanga’s own devices [1]. Furthermore, the analyst acknowledged that the analytical tools used in the investigation had ‘emerging errors’, casting doubt on the reliability of their findings [1]. These technical shortcomings proved fatal to the prosecution’s case, as the court ruled that authorities had failed to demonstrate compliance with Section 106 of the Evidence Act regarding the proper handling of electronic evidence [1].
Legal Victory After Extended Court Battle
Okanga’s legal team, comprising 10 lawyers led by Embakasi East MP Babu Owino, successfully argued that the prosecution could not prove their client had authored or uploaded the controversial video [1]. Following the acquittal under Section 210 of the Criminal Procedure Code, Babu Owino declared: ‘Today, justice spoke. After a long and exhausting year in court, Nuru Okanga walked free when the Honourable Magistrate ruled that the prosecution failed to present sufficient evidence. This is more than a legal victory, it is the saving of a life, one man rescued from the jaws of prison’ [1]. The case had dragged on for 18 months, with Okanga having been detained for 21 days without sufficient cause, according to his legal team [6].
Broader Implications for Digital Rights in Kenya
The acquittal has prompted Okanga’s legal team to consider pursuing damages against the police force for what they term wrongful prosecution. Lawyer Shadrack Wambui indicated they would petition the High Court to order compensation for Okanga’s suffering during his detention, stating: ‘This case will serve as a lesson to the police force not to allow themselves to be misused by politicians’ [6]. Magistrate Ndombi criticised police for arresting and charging Okanga despite knowing he was not connected to the videos circulating on social media platforms [6]. For his part, Okanga expressed gratitude to the court for considering ‘justice and the law’ and announced his intention to focus on his secondary school studies, saying: ‘I will use more time now to study and improve myself academically and pass the KCSE examination’ [6].