Telecommunications giant Safaricom is facing a potential court battle after a businessman accused the company of unlawfully tracking his location and sharing his private data, actions he claims led to his arrest, detention and lasting physical and psychological harm.
In a formal demand letter, businessman Alex Mutuku Mbalezi accuses Safaricom of violating his constitutional right to privacy under Article 31 of the Constitution of Kenya, 2010.
Through his lawyer Danstan Omari, Mbalezi argues that at the time of the alleged incident, the telecommunications provider owed him both a statutory and fiduciary duty to safeguard his personal data and ensure that any disclosure strictly complied with constitutional and legal standards.
The letter claims that Safaricom unlawfully tracked and disclosed Mbalezi’s location data to third parties, which allegedly led directly to his arrest and detention. According to the businessman, he was manhandled while in police custody and sustained physical injuries.
He further contends that the events have resulted in ongoing health complications, psychological distress, and damage to his reputation and personal dignity.
“Your actions directly facilitated the violation of our client’s fundamental rights and freedoms and exposed him to unlawful arrest,” the demand letter states.
Mbalezi is now demanding that Safaricom formally admit liability within seven days and pay Ksh 250 million in compensation for the alleged violations and losses suffered.
The notice warns that failure to comply within the stipulated timeframe will trigger the filing of legal proceedings against the telecommunications firm without further reference.
The dispute is expected to raise significant questions about data protection, privacy rights, and the obligations of telecommunications companies in handling customer information under Kenyan law.
