Safaith Centre for Disabled and Orphans in Nairobi has formally escalated its complaints to the Office of the Data Protection Commissioner (ODPC) and the Directorate of Criminal Investigations (DCI).
One of the victims.
They are alleging unlawful seizure and misuse of sensitive student and parent data by education officials, even as parallel court proceedings continue to define the broader dispute surrounding the institution.
In letters dated April 13, 2026, the Centre accuses Racecourse Primary School headteacher Antony Mwangi, together with Starehe Sub-County Quality Assurance officers Mr Osano and Ms Mary Susan, of entering the school premises on March 31, 2026 and confiscating official school registers without lawful authority. The registers are said to contain confidential personal data, including identities and contact details of parents and guardians.
The institution maintains that the seizure was conducted without a warrant or legal basis, in violation of the Data Protection Act, 2019. It further alleges that the information was subsequently used to contact parents directly, causing distress and raising concerns over unauthorized processing and disclosure of personal data.
The Centre also claims that Mr Mwangi has on multiple occasions accessed the school compound, sometimes accompanied by unidentified individuals and taken photographs of students and staff without consent. It argues that such actions involve the unlawful collection of sensitive and biometric data, particularly involving minors and children with disabilities.
In its complaint, the institution is seeking investigations, cessation of any further contact with parents, deletion of unlawfully obtained data, and sanctions against those found responsible. The matter has also been copied to the Ethics and Anti-Corruption Commission (EACC).
The dispute unfolds alongside an ongoing case before the Environment and Land Court at Milimani Law Courts, registered as Case No. ELC/LC/E014/2026. The matter, filed by James Ogola Ali and Florence Lavogo Ahura on behalf of Safaith Centre, is against Abdigaye Fatuma and relates to the ownership and control of the land occupied by the institution.
In orders issued on March 31, 2026, Justice Charles G. Mbogo certified the application as urgent and allowed it to proceed during the court vacation period. The court directed that the application be served upon the respondent, who was granted 15 days to file a response or replying affidavit.
The court further ordered that the matter will be mentioned on July 8, 2026 before Lady Justice L. Kimani for further directions, effectively setting the stage for the next phase of the proceedings. The judge also granted interim relief sought in the application, reinforcing protections over the subject property pending further determination.
A penal notice attached to the order warns that any disobedience or non-observance of the court’s directives may result in legal consequences.
The land dispute is tied to earlier attempts to interfere with the Centre’s operations, including threats of demolition by county authorities and competing claims over the property. Safaith Centre maintains that it holds a valid title deed for the land, issued in 1999 and insists that its occupation and use of the property are lawful.
The institution, established in 1991, continues to operate as a community-based organization supporting vulnerable children, including those with disabilities. It states that it has compiled documentary evidence and witness accounts to support both its data protection complaints and its position in the land case.
As investigations and court proceedings progress concurrently, the matter now raises broader questions around data privacy, conduct of public officials and the protection of institutions serving vulnerable populations.
