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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