Embakasi East Member of Parliament Babu Owino has claimed that the government is apprehensive about losing its case against political activist Nuru Okanga, revealing plans to summon President William Ruto as a key witness.
Speaking on Monday, November 24, outside a Nairobi court, Owino, flanked by a legal team of 26 lawyers, criticized the prosecution for delaying proceedings. The team expressed frustration over the absence of an expert witness, who they said was unavailable because they were in China.
Invoking the legal principle that “justice delayed is justice denied,” Lawyer Owino argued that the prosecution’s repeated delays indicate fear of losing the case.
“Our client has suffered. He traveled from Mumias to Nairobi at his own cost, only to find that the prosecution was not ready,” Owino said.
The MP added that the state had effectively lost the case and demanded that the main complainant, President Ruto, appear in court.
“These are signs that the state has already lost this case. We want the prosecution to present a main witness who is the complainant in this matter, who is President Ruto,” Owino stated.
Owino further explained that the trial could not proceed without the complainant’s testimony. “We want him to come to court. The DCI cannot complain, and prosecutors cannot complain. That is the next application we will be making,” he said.
The Case Entails
Okanga faces multiple charges, including publishing false, defamatory, and threatening content on social media. Prosecutors claim he posted a video on TikTok containing remarks perceived as threatening toward the President and allegedly encouraging the then-deputy president to resort to violence.
Okanga was arrested in January in Tasia Estate, Nairobi, after the video went viral. During cross-examination, arresting officer Milton Mwanzi admitted he could not verify the video’s authenticity due to limited cybercrime expertise. He also confirmed that no court orders were obtained to track Okanga’s movements and no electronic devices were seized during his arrest.
Following the prosecution’s no-show in court on Monday, Babu Owino confirmed that Okanga’s legal team plans to file an application on Tuesday to have President Ruto summoned as a state witness.
Other Lawyers included Lawyers Kennedy Echesa, Shadrack Wambui, Abner Mango, Noordin Khagai, Miss Connex Mwaro, Pius Oyoo, Philip Maiyo, and Stephen Oyugi.