David Oaga Mokaya, the Moi University student facing charges under Kenya’s Computer Misuse and Cybercrimes Act for allegedly sharing a false social media post about President William Ruto’s death, reportedly resumed active engagement on his X (formerly Twitter) account, https://x.com/bozgabi. This comes as his high-profile trial continues to navigate complex issues of digital evidence, AI-generated content, and freedom of expression.
Mokaya was arrested in November 2024 and charged with publishing false information after a digitally altered image depicting a casket draped in the Kenyan flag, captioned to imply President Ruto’s funeral procession, circulated online.Prosecutors allege Mokaya used his account to share this misleading content on November 13, 2024.
During recent court proceedings, digital forensic analyst Boniface Machibi testified that while he retrieved data linking the disputed content to devices associated with Mokaya, he conceded that forensic linkage to a device does not definitively prove individual authorship or use.
“I can only link the data to the gadgets, not to a specific individual,” Machibi stated, acknowledging he could not verify who operated the devices at the time of the post.
The defense further challenged the evidence, questioning the possibility of AI generation or bot activity, a point Machibi agreed was possible, though he maintained the extracted data indicated Mokaya’s involvement.
The Office of the Director of Public Prosecutions (ODPP) maintains the post constituted harmful misinformation likely to incite public alarm, highlighting the urgent need for legal clarity on AI-generated content in Kenyan jurisprudence.
Mokaya, who pleaded not guilty, was granted a cash bail of KSh 50,000.
