NAIROBI, Kenya Mar 30 – The High Court has extended orders barring the Directorate of Criminal Investigations (DCI), Safaricom, and other parties from accessing or disclosing the personal data of university student David Mokaya without his approval.
Justice Bahati Mwamuye ruled that the conservatory orders will remain in place until the case is heard and determined. The matter is scheduled for mention on April 9 for further directions.
During proceedings, Senior Counsel John Ohaga, appearing for the respondents, informed the court that a similar petition had been filed by the Law Society of Kenya and proposed that the cases be consolidated.
However, Mokaya’s lawyer Danstan Omari opposed the proposal, arguing that the petition should proceed independently.
The case stems from an earlier criminal trial in which Mokaya had been charged over a social media post linked to President William Ruto. He was later acquitted after the prosecution failed to prove the charges.
In that ruling, the trial court criticized investigators for unlawfully seizing Mokaya’s electronic devices and subjecting them to forensic examination without judicial authorization.
The court underscored that digital devices carry sensitive personal information and are protected under the Constitution.
Following his acquittal, Mokaya filed a constitutional petition seeking to block any further use or disclosure of his personal data, which he claims was obtained unlawfully.
He is also seeking Sh200 million in compensation, citing violations of his right to privacy and other constitutional protections.
The case is expected to test the boundaries of data protection, surveillance practices, and the handling of digital evidence in Kenya’s legal system.
