The hearing of a case against Webster Ochora Elijah, who is accused of publishing an unauthorised book about Charlene Ruto, failed to proceed on July 22, 2025, after she failed to appear in court.
The prosecution informed the court that the complainant, Charlene Ruto, was not present to testify and requested the matter be deferred to a later date. A summons was also sought to compel her attendance.
However, the defence lawyer Evans Ondieki objected to the application, telling the court that Charlene was out of the country and may not be available to testify.
The defence further urged the court to consider withdrawing the matter altogether.
"It is not fair for people to complain and then they cannot appear in court to honour their complaint." Advocate Ondieki told the court.
"Webster is a young man full of life and wants to enjoy his freedom as he travels from far to come and attend the court for his case hearing."
Ondieki then urged the court to dismiss the case under article 129(1) of the constitution, which states that the executive authority is derived from the citizens and shall be exercised in accordance with the law.
Following his submission that Charlene, being the first daughter, may opt not to appear in court, the magistrate asserted that everyone is subject to law.
On Wednesday, Senior Principal Magistrate Robinson Ondieki stated that the ruling on whether to withdraw the case was not yet ready.
Charlene's representative, Kevin Kachapin, sought permission to attend the proceedings virtually, citing a scheduling conflict with another engagement in Kitale.
The defence lawyer objected to the request.
Kevin Kachapin, Charlene's lawyer, is the son of West Pokot Governor Simon Kachapin
The court adjourned the matter to July 28, 2025, for a ruling.
Ochora is charged with impersonation under Section 382(1) of the Penal Code.
According to the charge sheet, he allegedly posed as Charlene Ruto and, using the name Zawadi Publishers, authored and circulated a book titled Beyond the Name: Charlene Ruto and the Youth Uprising between an unknown date and May 22, 2025.
In a previous appearance, the defence informed the court that Ochora had cooperated with investigators, surrendered a confidential manuscript, and signed an inventory before being detained for four days.
His lawyer pleaded for a free bond, describing him as a student and a creative.
The prosecution did not oppose the bond application and assured the court that all evidentiary materials would be supplied to the defence.
Principal Magistrate Geoffrey Onsarigo later granted Ochora a cash bail of Sh50,000 with two contact persons.
