Court Stops State Agencies, DCI from Accessing David Mokaya’s Data in Ongoing Privacy Dispute.
The High Court in Nairobi has issued interim orders prohibiting State agencies and Safaricom PLC from accessing, sharing or disclosing the personal data of David Ooga Mokaya, in a case that is set to test the scope of data privacy rights in Kenya.
The orders were issued on February 25, 2026, by Justice Bahati Mwamuye following a constitutional petition filed by Mokaya against the State Law Office, the Directorate of Criminal Investigations (DCI), Safaricom PLC and other parties.
In his directions, the judge barred the respondents and interested parties from releasing or handling Mokaya’s personal information in any manner pending the hearing of the application.
The restricted data includes subscriber details, call records, location data, metadata and any other information linked to his use of telecommunication services.
The court emphasized that such information cannot be shared without Mokaya’s explicit written consent, a valid court order, or a clear legal provision authorizing the disclosure.
The restriction extends to any action taken directly or indirectly, including through agents, employees or affiliated entities.
Mokaya moved to court, through his lawyers Danstan Omari and Associates Advocates, claiming that his constitutional rights were infringed after his personal data was allegedly shared with law enforcement agencies without his knowledge, leading to his arrest and prosecution in a criminal case.
As part of the court’s directions, Mokaya has been required to serve all parties involved with the application, petition and the court order, both physically and electronically, by February 27, 2026, and file proof of service.
The respondents and interested parties have until March 13, 2026, to file and serve their responses to the application and the main petition.
Mokaya will thereafter have the opportunity to file a rejoinder, if necessary, by March 27, 2026.
The case will be mentioned on March 30, 2026, for confirmation of compliance and to give further directions on how the matter will proceed.
Justice Mwamuye also issued a warning that failure to comply with the court’s orders could attract legal penalties.
The petition is expected to address key constitutional questions surrounding the protection of personal data, the extent to which telecommunications companies can share user information and the limits of State agencies in accessing private data during criminal investigations.
