The High Court has issued orders restraining Safaricom PLC from sharing or transferring David Mokaya’s data without his consent or a valid court order.
Mokaya, the Moi University student accused of posting a photo of President Ruto’s funeral procession, sued the telco giant for sharing his data the DCI without a valid court order, leading to his arrest.
Justice Bahati Mwamuye issued the orders pending the hearing and determination of Mokaya’s notice of motion application.
“A conservatory order be and is hereby issued restraining the respondent and the interested parties, jointly and severally, and whether directly or through their employees, servants, agents, or related entities; from transferring, sharing, disseminating, or howsoever otherwise divulging to any unauthorized person/party any of the petitioner’s personal data, subscriber information, call and/or location information/records, metadata, or such other information arising from the use on any telephonic or data device or service maintained by the Respondent without either the Petitioner’s express written consent or either a valid court order issued by a court of competent jurisdiction or the reliance of an express provision of a written law permitting the same,” the ruled.
The judge directed Mokaya to serve Safaricom and the Interested Parties with the application, the petition, and this Court Order in both hardcopy and softcopy immediately and file an affidavit of service in that regard by close of business 27th February 2026.
“he respondent and the interested parties shall enter appearance and file and serve their respective responses to both the application and the petition; and they shall do so by close of business 13th March 2026.
The case will be mentioned on 30th March 2026 to confirm compliance and to take directions on the expedited hearing and determination of the application and/or petition.
According to Mokaya’s lawyers Danstan Omari, Shadrack Wambui and Martina Swiga, Safaricom gave the DCI his data without a court order, leading to his arrest.
The applicant was arrested on 15th November 2024 in Eldoret, hauled to trial at Milimani Law Courts, prosecuted and went through the harrowing ordeal of a whole criminal trial.
“The basis of said trial was admittedly illegally obtained data
from the Respondent shared to law enforcement. The applicant neither consented to, nor knew what it would be used for,” Omari said.
Shadrack Wambui noted that the same was admitted in court when Mr Hamisi, a witness from Safaricom PLC, confirmed that there was no valid court order allowing Safaricom to share his personal data.
The Magistrate’s court found that the prosecution failed to discharge the burden of proof beyond reasonable doubt.
The Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions and the Attorney General have been named as the respondents.
