David Mokaya, the university student charged with publishing false information about President William Ruto, has announced plans to sue Safaricom.
In a press statement, his lawyer Danstan Omari accused the telecommunications company of breaching the Data Protection Act by allegedly sharing Mokaya’s location data with police without obtaining a court order.
Omari argued that the move violated his client’s constitutional rights, including the right to privacy and dignity as protected under the Constitution of Kenya.
Student Facing Charges for False Publication on Ruto Announces Suit Against Safaricom. Photo: Courtesy.
He said they intend to move to the High Court over the alleged infringement and are seeking Ksh200 million in damages, in addition to legal costs, maintaining that such practices must be stopped.
The lawyer has issued a demand letter to Safaricom, giving the company until Monday to settle the Ksh200 million claim.
He maintained that officers from the Directorate of Criminal Investigations (DCI) are not permitted to obtain subscribers’ location data from mobile service providers without a valid court order.
Omari also indicated that he would seek the court’s interpretation on whether DCI officers are legally allowed to seize suspects’ mobile phones and other electronic devices without judicial authorization.
He argued that there is no legal basis for police to take possession of handsets before securing a court order.
Additionally, he signaled plans to pursue other instances where suspects were arrested after service providers allegedly disclosed their location details to investigators.
Meanwhile, Milimani Trial Magistrate Carolyne Mugo dismissed the case against Mokaya, ruling that he had been framed and that the police acted unlawfully.
The court found no evidence directly linking him to the alleged offence and acquitted him under Section 215 of the Criminal Procedure Code.
