The demand came during a pre-trial mention on Wednesday, December 4, 2024, at Milimani Law Courts.
Mokaya, a fourth-year student at Moi University, is accused of posting an image on his X (formerly Twitter) account that mimicked a presidential funeral procession, falsely suggesting it showed President Ruto's body.
The image featured a casket draped with the Kenyan flag, escorted by military officers. Mokaya allegedly captioned the post to imply that it depicted the president’s funeral.
During the hearing, defense lawyers, including Danstan Omari and Ian Mutiso, questioned whether President Ruto would be called as a witness in the case.
The lawyers expressed concerns over the prosecution's failure to provide a list of witnesses or witness statements related to the case.
They specifically asked if the president would testify to confirm whether he was the individual depicted in the casket.
The lawyers also raised concerns about the prosecution's handling of the case, accusing the state of attempting to silence critics of political leaders through such legal actions.
Omari suggested that the case could be politically motivated, given the nature of the charges, and hinted at seeking a review of the decision to arrest and prosecute Mokaya for his social media post.
In response, Magistrate Benmark Ekhubi did not make any rulings but said the court would await the Director of Public Prosecutions' (DPP) opinion before deciding on the next steps.
The case will be mentioned again on January 28, 2025.
Mokaya is facing charges under the Computer Misuse and Cybercrimes Act, accused of publishing false information that could cause harm to public order. If convicted, he could face a jail term or a fine.
The case has drawn attention due to its implications on freedom of expression, particularly on social media.
Many have questioned whether prosecuting Mokaya for a post criticizing political figures is an attempt to stifle dissent in Kenya.
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