The Case That's Shaking Kenya's Digital Landscape
David Oaga Mokaya, a fourth-year computer science student at Moi University, stands at the center of a legal storm that could redefine freedom of expression in Kenya's digital age. The 24-year-old faces charges under Kenya's Cybercrimes Act for allegedly posting an AI-generated image depicting President William Ruto's "funeral procession" with the caption "Ruto's body leaves Lee Funeral Home."
Forensic Evidence Under Microscope
The prosecution's case hinges on digital evidence extracted from a Samsung Galaxy A23 and laptop using Cellebrite 10.5.0, an Israeli forensic tool:
Three user profiles found (including "Landlord KE")
1.2GB data recovered showing screenshot of disputed post
Timestamp match between DVR folder files and post circulation
Yet critical gaps remain:
⚠️ No device ownership verification
⚠️ No direct proof of Mokaya's authorship
⚠️ Post could be satirical/AI-generated (no explicit death claim)
Legal Battle Lines Drawn
Defense Arguments (Danstan Omari):
"This is political satire protected under Article 33 of our Constitution"
"The prosecution can't prove my client pressed 'send'"
"Academic future jeopardized for a possibly AI-created meme"
State's Position:
Alleged post caused "national alarm" during sensitive political period
Cybercrimes Act permits prosecution of "false alarming" content creators
Broader Implications
AI Content Liability: Who bears responsibility for synthetic media?
Digital Forensics Standards: Should Cellebrite extracts alone constitute proof?
Academic Freedom: 87 Kenyan universities have expressed concern over case's chilling effect
Public Backlash & #DropDavidMokayaCharges
The case has sparked unprecedented online mobilization:
540K+ tweets supporting Mokaya since March
45+ civil society groups condemning "overreach"
Parallels drawn to 2023 #FreeBobiWine movement
Legal Timeline Ahead:
🗓️ Sept 8: Next hearing (post-academic term)
🗓️ Oct 15: Expected forensic expert testimonies
🗓️ Nov 2025: Potential constitutional challenge
"This isn't just about David—it's about whether Kenya's youth can critique power without fear."
— Mwangi Githahu, Digital Rights Advocate
Global Context:
The trial coincides with:
EU's AI Act requiring synthetic media labeling
Nigeria's similar case against journalist Daniel Ojukwu
Kenya's own pending Data Protection Act amendments
