University student David Oaga Mokaya will stand trial on charges of publishing false information and sharing an image of a funeral procession with misleading captions.
This decision comes after the court confirmed that the Director of Public Prosecutions (DPP) has not instructed the withdrawal of the case.
Mokaya had requested a review of the charges and questioned whether President William Ruto would be called to testify.
During the court session on Wednesday, prosecutors informed the court that no such instructions had been issued and requested the scheduling of hearing dates.
The defense did not object and agreed to proceed.
The case is set for a full hearing on May 29, 2025. Mokaya’s lawyer, Danstan Omari, raised concerns about the charges, questioning whether President Ruto would testify and discussing the citizen’s right to criticize their leaders, particularly the president.
The Law Society of Kenya (LSK) also sought clarification on whether the president would be called as a witness and challenged the jurisdiction of the case.
According to the DPP, Mokaya allegedly posted the image on his X (formerly Twitter) account, “Landlord @bozgabi,” on November 13, 2024.
The image, which depicted a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniforms, was fabricated to falsely suggest it involved President Ruto.
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