Court acquits Nuru Okanga in cybercrime case after prosecution fails

A Nairobi court has acquitted activist Nuru Okanga of cybercrime charges linked to alleged incitement against President William Ruto. Magistrate Rose Ndombi ruled that prosecutors failed to provide evidence connecting Okanga to the contentious video. Defended by 10 lawyers, Okanga vowed to continue advocating for justice and return to secondary school.

Nuru Okanga, a former vocal supporter of ODM leader Raila Odinga, has been acquitted by the Milimani court after battling the case for one and a half years. He faced charges of publishing a video on social media urging former Deputy President Rigathi Gachagua to use his police training to shoot President William Ruto, constituting incitement under the Computer Misuse and Cybercrimes Act.

The case stemmed from a video dated November 26, 2025, with the ruling delivered on January 20, 2026. Magistrate Rose Ndombi stated that police failed to produce digital evidence, such as seized phones or computers from Okanga, or expert analysis verifying his involvement. Officers admitted lacking expertise in tracing social media origins, and presented evidence came from the Communications Authority of Kenya (CAK) without proven authenticity.

"Police failed to prove that the information published on various social media was sent by Okanga," Ndombi ruled. The court criticized police for arresting Okanga without basis and detaining him for 21 days. Represented by 10 lawyers led by Babu Owino and Shadrack Wambui, Okanga thanked the court and pledged, “I will use this time to study, improve my grades, and pass my KCSE exams.” Wambui announced plans to sue police for false charges and seek compensation for Okanga.

The decision is likely to spark debate on enforcing Kenya's cybercrime laws, particularly regarding investigation integrity and freedom of expression.

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DCI police arresting three suspects outside Java House in Kisumu after attack on Vihiga Senator Godfrey Osotsi amid protesting crowd.
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Three suspects arrested over attack on senator Osotsi in Kisumu

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Kenya's Directorate of Criminal Investigations has arrested three suspects linked to the assault on Vihiga Senator Godfrey Osotsi at Java House in Kisumu's West End Mall on Wednesday, April 8. Youths attacked Osotsi after questioning his opposition to re-electing President William Ruto. He was airlifted to Nairobi for treatment amid protests demanding justice.

Milimani court has acquitted 24-year-old university student David Oaga Mokaya of charges for publishing false information through an AI-generated image depicting a funeral procession linked to President William Ruto. He was arrested in November 2024 amid Gen Z protests. The court dismissed the case due to insufficient evidence.

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Kenya's High Court has issued orders preventing the Directorate of Criminal Investigations (DCI) and others from sharing or disseminating the personal data of Moi University student David Mokaya, who was recently acquitted in a cybercrime case. Mokaya faced charges for publishing false information about President William Ruto but was cleared on February 19, 2026. He claims his privacy rights were violated.

The Office of the Solicitor General has recommended the acquittal of Nobel laureate Maria Ressa and former researcher Reynaldo Santos Jr. in their cyberlibel case against businessman Wilfredo Keng. The recommendation is based on a Supreme Court ruling that the prescription period for cyber libel is one year. The motion was filed with the Supreme Court in March 2026.

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The Ministry of Interior has revealed data showing social media as a key driver behind the rise in mob justice cases across Kenya. Cabinet Secretary Kipchumba Murkomen explained that graphic 'instant justice' videos circulating on platforms trigger copycat incidents and normalize violence as a dispute resolution method. The government plans public education campaigns and police training to address the issue.

The legal counsel for suspended Gauteng DPP Andrew Chauke has criticized NPA head Shamila Batohi for failing to exercise due diligence in a 2010 murder case. Advocate Thembeka Ngcukaitobi highlighted overlooked evidence in the acquittal of a police officer accused of killing a teenager. Batohi acknowledged unawareness of key reports but pledged further investigation.

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Kenya's High Court granted former Cabinet Secretary Raphael Tuju a KSh200,000 anticipatory bond on March 24, 2026, preventing police arrest during investigations into claims he staged his own abduction. This follows his March 23 detention after resurfacing from a 36-hour disappearance, during which his health deteriorated, leading to ICU admission.

 

 

 

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