NAIROBI, Kenya, Mar 10 – The Law Society of Kenya (LSK) has filed a constitutional petition challenging the alleged unlawful access, sharing, and use of protesters’ personal data by government agencies and telecommunications companies between 2024 and 2025.
The petition lists multiple respondents, including telecom operators, the Directorate of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), the Attorney General, the Communications Authority of Kenya, Kenya Power, and several police officers.
According to court documents, telecommunications providers allegedly disclosed subscriber data of protesters without court orders, violating the Data Protection Act, 2019, and constitutional safeguards.
They stated further that officers under the Inspector General’s command reportedly accessed communication and location data without judicial authorization.
The DCI is also accused of unlawfully obtaining digital and location information from protesters and the DPP allegedly relied on data obtained unlawfully in criminal proceedings.
According to the petition, the Communications Authority of Kenya is said to have failed in enforcing compliance with data protection regulations.
Kenya Power is also named for allegedly facilitating access to sensitive personal data with the National Police Service Forensic Laboratory being accused of processing digital
Several police officers, from constables to senior investigators, are named for requesting or using subscriber data and location information without warrants. The petition also claims officers violated constitutional arrest procedures, including failing to identify themselves and inform suspects of the reason for arrest.
The petition includes individuals whose data was allegedly accessed unlawfully, Human rights and oversight bodies such as IPOA, KNCHR, and IMLU and Civil society organizations, including Amnesty International and the Katiba Institute, expected to make submissions on privacy and surveillance rights.
It also includes regulatory authorities like the Office of the Data Protection Commissioner and the Competition Authority of Kenya.
The petition contends that the respondents’ actions violated constitutional protections on privacy, fair administrative action, and due process.
It seeks a ruling on whether accessing and sharing communication and location data without court authorization is unconstitutional.
Justice Lawrence Mugambi directed that the petition be served to all respondents and scheduled further directions for April 9, 2026.
