Safaith Centre Raises Data Privacy Alarm as Court Issues Directions in Ongoing Land Dispute

By Andrew Kariuki

Safaith Centre for Disabled and Orphans in Nairobi has lodged formal complaints with multiple state agencies, alleging unlawful access to sensitive student records and harassment of parents, even as a parallel land case involving the institution continues before the Environment and Land Court.

In correspondence dated April 13, 2026 and addressed to the Office of the Data Protection Commissioner (ODPC), the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC), the Centre accuses specific education officials of illegally seizing school records and misusing personal data belonging to parents and guardians.

The institution claims that on March 31, 2026, officials led by Racecourse Primary School headteacher Antony Mwangi, alongside Starehe Sub-County Quality Assurance officers, entered the premises and took away official registers without legal backing. According to the complaint, the documents contained “sensitive personal data, including the identities and contact information of parents and guardians.”

The Centre further alleges that the seized information was later used to contact parents directly, actions it says caused “distress, trauma and a sense of insecurity” among those affected. It argues that the conduct amounts to a breach of the Data Protection Act, particularly provisions requiring lawful and transparent handling of personal data.

Additional claims include repeated entry into the school compound by Mr Mwangi and associates, during which photographs of students and staff were allegedly taken without consent. The Centre describes this as “a serious breach” involving the processing of biometric and personal data of minors and vulnerable individuals.

In its petition to authorities, the institution is seeking immediate investigations, an end to what it terms as harassment, deletion of all unlawfully obtained data, and sanctions against those responsible. It also indicates that it has compiled internal records and witness statements to support its claims.

At the same time, the dispute is unfolding in court through Environment and Land Court Case No. ELC/LC/E014/2026 at the Milimani Law Courts, where Safaith Centre, through James Ogola Ali and Florence Lavogo Ahura, has sued Abdigaye Fatuma over the ownership and control of the land it occupies.

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. The court directed that the respondent be served and granted 15 days to file a response.

The judge further ordered that the matter will be mentioned on July 8, 2026 for directions before another judge, while interim relief sought by the applicants was granted pending further proceedings. A penal notice accompanying the orders cautions that failure to comply would attract legal consequences.

The Centre maintains that it lawfully owns the property, stating that it was issued with a title deed in 1999. It argues that the ongoing disputes, including attempts to interfere with its operations, threaten its mandate of supporting vulnerable children, including those living with disabilities.

As both the data protection complaint and land case progress, the matter brings into focus concerns around institutional accountability, data privacy, and the protection of organizations working with at-risk groups.