Court gavel.
The case against university student David Mokaya, accused of publishing false information about President William Ruto, hit a snag on Thursday, July 31.
This happened after the prosecution requested an adjournment, citing the absence of key witnesses who failed to appear in court.
Appearing before Principal Magistrate Ben Mark Ekhubi at the Milimani Law Courts, the State said it was not ready to proceed with the hearing due to the absence of its key witnesses.
The prosecution prayed for more time and the continuation of summons previously issued to compel the witnesses to appear.
However, the defence team, led by advocates Danstan Omari and Mutiso, strongly objected to the adjournment, stating the matter had been listed for hearing multiple times with no progress.
"The State should bring its witnesses. If they fail to appear, then the matter should be dismissed," Omari submitted.
Omari further argued that none of the accused had been prosecuted and urged the judiciary to remain independent and uphold the Constitution in delivering justice.
Submissions by Musuka, representing the Law Society of Kenya, questioned the prosecution’s delay, pointing out that even statements from police officers had not yet been recorded.
Magistrate Ekhubi, while allowing the adjournment for the last time, directed that all prosecution witnesses must be present in court today, failure to which warrants of arrest will be issued and executed by the Inspector General of Police.
He noted that no valid explanation had been given for the repeated failure by the witnesses to attend court. The matter will be mentioned again later today.
