The High Court has consolidated two constitutional petitions challenging the alleged unlawful sharing of mobile phone subscriber data, bringing together cases filed by former Moi University student David Ooga Mokaya and the Law Society of Kenya (LSK).
Lady Justice Patricia Mande directed that HCCHRPET E126 of 2026, filed by Mokaya, through lawyer Danstan Omari, against the State Law Office, the Directorate of Criminal Investigations (DCI) and others, be heard together with HCCHRPET E161 of 2026, in which the LSK has sued Safaricom PLC and 28 other respondents.
The judge ordered that Mokaya’s petition will serve as the lead file in the consolidated proceedings. Under the order, Mokaya will be the 1st Petitioner while the Law Society of Kenya will be the 2nd Petitioner. The two petitions raise constitutional questions over the alleged unlawful disclosure of mobile phone subscriber information by Safaricom and other respondents. They seek the court’s determination on whether the sharing of customers’ personal and location data with State agencies violated the constitutional rights to privacy and data protection. Justice Mande directed all respondents and interested parties to file and serve their responses to the LSK’s application dated March 9, 2026, within 14 days, by August 1, 2026.
The petitioners were granted leave to file a further affidavit together with written submissions within 14 days after receiving the responses, with the deadline set for August 15, 2026. The respondents and interested parties will then have until September 1, 2026 to file their written submissions, while the petitioners were given a further seven days, until September 10, 2026, to file supplementary submissions.
The court further directed that all interim orders previously issued in the matter shall remain in force until the next appearance.
The consolidated petition will be mentioned on November 17, 2026, when parties are expected to highlight their written submissions after the call-over.
Mokaya’s petition stems from criminal proceedings in which it emerged that Safaricom allegedly shared his subscriber and location data with investigators without first obtaining a court order.
The former Moi University student had been charged with publishing false information over a social media post concerning President William Ruto but was later acquitted. The trial court also found that investigators had unlawfully seized and examined his electronic devices.
Following the acquittal, Mokaya, through lawyer Danstan Omari, filed the constitutional petition seeking Sh200 million in damages, arguing that the disclosure of his subscriber and location data without a warrant violated his constitutional rights to privacy, human dignity and protection of personal data.
