Political Activist Nuru Okanga has been acquitted of all charges in a cybercrime case over alleged threatening remarks against President William Ruto.
On Tuesday, January 20, trial magistrate Rose Ndombi delivered a ruling at the Milimani Law Courts in Nairobi, finding that the prosecution had failed to present enough initial evidence against Okanga under the Computer Misuse and Cybercrimes Act.
The court determined that investigators did not provide sufficient evidence to prove that Okanga authored, uploaded, or circulated the controversial video at the center of the allegations.
Magistrate Ndombi noted the conspicuous absence of critical digital forensic evidence, seized electronic devices, or search warrants that would have linked the activist to the disputed content.
"Upon consideration of all the evidence and applicable law, this court finds that the prosecution has failed to establish a prima facie case against the accused person in respect to all three counts," the magistrate ruled.
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The case had originated from allegations that Okanga published false, defamatory, and threatening information on social media platforms.
Prosecutors claimed he posted a video on TikTok and other platforms containing threatening statements directed at President Ruto, with the content reportedly urging the then-Deputy President to take violent action against the President.
However, the court found that the prosecution's evidence amounted to suspicion and conjecture rather than concrete proof.
While acknowledging that the sentiments in the video were grave, the magistrate emphasized that the prosecution failed to demonstrate Okanga's direct involvement in creating or disseminating the material, or that it was capable of inciting chaos or violence.
During proceedings in August 2025, arresting officer Milton Mwanzi had testified about apprehending Okanga at Tasia Estate in Embakasi after the video went viral. However, his testimony revealed significant gaps in the investigation when he faced cross-examination by defense counsel Babu Owino.
Officer Mwanzi admitted he could not verify the video's authenticity and lacked expertise in forensic cybercrime investigations. More critically, he confirmed that no court order had been obtained to track Okanga's movements, no search warrant had been secured for his electronic devices, and no gadgets had been seized during the arrest.
