The court confirmed that the Director of Public Prosecutions (DPP) has not given any instructions to withdraw the case, meaning the matter will proceed to a full hearing.
Mokaya, a social media user known as "Landlord @bozgabi" on X (formerly Twitter), allegedly shared an image of a funeral procession on November 13, 2024.
The image depicted a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniforms.
The prosecution argues that the post falsely suggested it was President Ruto’s body being transported from a funeral home.
During a recent court session, Mokaya’s lawyer, Danstan Omari, sought a review of the charges.
He argued that citizens have the right to express their opinions about their leaders, including the President.
Omari also questioned whether President Ruto would be summoned to testify in the case.
The Law Society of Kenya (LSK) also weighed in on the matter, questioning the court’s jurisdiction and seeking clarification on whether the President would appear as a witness.
However, the prosecution maintained that there were no plans to drop the case and requested the court to set hearing dates.
Following these arguments, the court scheduled the full hearing for May 29, 2025.
The defense team did not object to the trial proceeding.
This case has drawn public attention, with legal experts and social media users debating the boundaries of free speech and the consequences of sharing misleading information online.
Some argue that the government is cracking down on online criticism, while others believe the case highlights the dangers of misinformation in the digital age.
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