Nuru Okanga set free as key witness fails to testify

A Nairobi court on Tuesday acquitted political activist Nuru Okanga of all charges related to the alleged publication of false, defamatory and threatening information against President William Ruto, after the prosecution failed to demonstrate a prima facie case linking him to the disputed online content.

The ruling, delivered by a Milimani Law Court, concluded that evidence presented by the State did not meet the legal threshold required to sustain the three counts brought against Okanga under the Computer Misuse and Cybercrimes Act.

As a result, the court held that Okanga “has no case to answer” and ordered his acquittal under Section 210 of the Criminal Procedure Code.

Okanga, a vocal political commentator and activist, had faced charges that he published a video on social media platforms, including TikTok, containing remarks deemed threatening toward President Ruto.

Key among these was the State’s failure to link Okanga directly to the creation, upload or dissemination of the video that formed the basis of the charges.

Despite acknowledging the serious nature of the sentiments contained in the clip, the magistrate noted that suspicion and conjecture alone were insufficient to justify a criminal conviction.

Testimony from prosecution witnesses exposed weaknesses in the investigation.

For instance, an investigating officer conceded that he was not trained in digital forensics and could not authenticate the video’s origin or confirm whether it was genuine or AI-generated.

He also admitted relying on a report from the Communications Authority of Kenya without personally reviewing the content in court.

A digital analyst further acknowledged that the video had not been extracted from Okanga’s devices and that the analytical tools used in the investigation were prone to errors, raising questions about their reliability.

The court also found that the prosecution did not properly handle electronic evidence in accordance with legal requirements.

Okanga was represented in court by among other lawyers, Embakasi East Member of Parliament Babu Owino, who described the ruling as a significant victory for justice and due process.

In a statement outside the courtroom, Owino said the acquittal was more than a legal win; it was “the saving of a life” for his client after an exhaustive year-long legal battle.

“We celebrate this hard-fought triumph with deep gratitude to the dedicated counsel whose tireless defence, commitment, and belief in justice made this moment possible,” Owino said. “Today, hope prevailed.”

The acquittal is likely to revive public discussion on how cybercrime laws are enforced in Kenya, particularly in politically sensitive cases involving online speech.

Civil liberties advocates have long argued that digital evidence must meet robust forensic standards and that authorities must uphold constitutional protections around freedom of expression, even as they seek to curb misinformation and maintain public order.