Katiba Institute has stepped forward to defend Kenyan investigative journalist, Robert Wanjala Kituyi, in a lawsuit filed by Safaricom Limited, which the Institute has termed a Strategic Lawsuit Against Public Participation (SLAPP).
In a press statement dated March 26, 2025, Katiba Institute announced it would represent Kituyi in the civil case, describing the suit as an attempt to suppress citizens’ constitutional rights and evade public accountability.
The dispute stems from a letter Kituyi sent to Safaricom on November 6, 2024, exercising his right to access information under Article 35 of the Kenyan Constitution. In the letter, he requested details on:
The number of court orders Safaricom had received from law enforcement between June and October 2024 requesting individuals’ personal data.
Whether the company had received requests from police seeking communication records of persons under investigation.
The data privacy measures Safaricom has in place to protect its customers.
Whether Safaricom had ever refused to comply with court orders it found vague or overreaching, and if so, how many times.
Kituyi’s request came amid a surge in reported abductions and enforced disappearances, with allegations surfacing that Safaricom had shared personal data with police officers implicated in these incidents.
Safaricom did not respond to the journalist’s inquiry, prompting him to escalate the matter to the Commission on Administrative Justice (CAJ). The CAJ subsequently invited Safaricom to provide the requested information, but the company again declined to respond.
On February 5, 2025, the CAJ issued an order compelling Safaricom to disclose the information. Instead of complying, Safaricom filed a case at the High Court in Milimani, Nairobi, arguing that it should not be forced to release the requested data.
Katiba Institute has condemned the lawsuit, labeling it a clear attempt to silence public scrutiny and intimidate those who seek transparency.
