The High Court has issued conservatory orders barring Safaricom PLC and Director of criminal investigations (DCI) from accessing or disseminating the personal data of university student David Ooga Mokaya pending the hearing of his petition.
In orders issued on February 25, Justice Bahati Mwamuye directed that, pending the inter partes hearing of Mokaya’s Notice of Motion dated February 23, the Respondent and Interested Parties are restrained from transferring, sharing, disseminating or otherwise divulging any of the petitioner’s personal data without his express written consent, a valid court order, or reliance on an express provision of written law.
The case arises from Mokaya’s claim that his subscriber information, call data records, location data and metadata were unlawfully accessed and shared during investigations that previously led to his prosecution.
The court order restrains the Respondent and the Interested Parties whether acting jointly or severally, directly or through employees, agents or related entities, from divulging any information arising from Mokaya’s use of telephonic or data services without strict compliance with the Constitution and applicable law.
Justice Mwamuye further directed the petitioner to serve the Respondent and all Interested Parties with the application, the petition and the court order in both hard copy and soft copy immediately, and to file an affidavit of service by close of business on February 27.
The Respondent and the Interested Parties were ordered to enter appearance and file and serve their respective responses to both the application and the petition by close of business on March 13, 2026.
The court granted Mokaya leave to file a rejoinder, if necessary, by March 27, 2026.
The matter will be mentioned on March 30, 2026 to confirm compliance and to take directions.
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