Court Stops DCI from Sharing Acquitted Student’s Personal Data in Ruto Death Hoax Case

By : Mweru Mbugua 

The High Court has barred the Directorate of Criminal Investigations (DCI) from transferring or sharing the personal data of a Moi University student who was recently acquitted in a controversial cybercrime case linked to claims about President William Ruto

Justice Bahati Mwamuye issued conservatory orders pending the inter partes hearing and determination of an application dated February 23, 2026

The application was filed by David Ooga Mokaya, a student at Moi University, who had been charged with publishing false information regarding the death of President Ruto

Mokaya was arrested and arraigned at the Milimani Law Courts on November 18, 2024. Prosecutors alleged that he posted on the social media platform X that the President’s body had left Lee Funeral Home. The post was linked to an account identified as “LANDLORD@bozgabi”

He was later released on cash bail to allow him to continue his studies as the case proceeded

In a judgment delivered on February 19, 2026, Senior Principal Magistrate Caroline Nyaguthii acquitted Mokaya under Section 215 of the Criminal Procedure Code, ruling that the prosecution had failed to prove its case beyond reasonable doubt

Following his acquittal, Mokaya—through his lawyer Danstan Omari—moved to the High Court seeking urgent protection of his personal data. He argued that during the trial, it emerged that his mobile phone data, including call data records, subscriber information, location data, and metadata, had been supplied to investigators without his consent

In the interim orders, Justice Mwamuye restrained the Respondent and Interested Parties, jointly and severally, whether directly or through their employees, agents, or related entities, from transferring, sharing, disseminating, or otherwise divulging Mokaya’s personal data

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The court further directed that such data must not be disclosed to any unauthorized person unless with Mokaya’s express written consent, a valid court order issued by a competent court, or under an explicit provision of written law permitting such disclosure

The judge ordered Mokaya to serve the Respondent and Interested Parties with the application, petition, and court order in both hard and soft copies immediately and to file an affidavit of service by close of business on February 27, 2026

The Respondent and Interested Parties have until March 13, 2026, to enter appearance and file their responses to both the application and the petition

The matter will proceed to an inter partes hearing as the court considers whether to grant further orders on the protection of the student’s personal data