By Andrew Kariuki
The High Court has extended conservatory orders restraining the Directorate of Criminal Investigations (DCI), Safaricom and other parties from sharing the personal data of David Mokaya without his consent.
When the matter came up for mention on Monday, Senior Counsel John Ohaga, appearing for the respondents, informed the court that a similar case had been filed by the Law Society of Kenya (LSK). He noted that a letter had been sent to the petitioner’s lawyer proposing the consolidation of the two matters.
However, the petitioner’s legal team, led by Danstan Omari, opposed the application to consolidate the cases.
Justice Bahati Mwamuye directed that the matter be mentioned on April 9 for further directions. In the meantime, the court ordered that the existing conservatory orders remain in force pending the hearing and determination of the case.
The petition stems from a separate criminal case in which Mokaya, a university student, had been charged over a social media post concerning President William Ruto.
He was later acquitted after the prosecution failed to prove its case in Criminal Case No. MCCR/E1161/2024, Republic v David Mokaya, before the Milimani Chief Magistrate’s Court.
In its ruling, the trial court faulted investigators for the manner in which they handled Mokaya’s electronic devices. The magistrate observed that the devices were seized unlawfully and subjected to forensic examination without judicial authorisation, noting that such devices attract heightened constitutional protection due to the extensive personal data they contain.
Following his acquittal, Mokaya moved to the High Court seeking urgent orders to stop what he terms as the unlawful disclosure of his personal data. He is also seeking KSh200 million in compensation for alleged violations of his rights.
