The High Court in Milimani has extended orders protecting university student David Mokaya’s personal data, stopping the Directorate of Criminal Investigations (DCI), Safaricom, and other parties from sharing his information without his consent.
During a recent mention before Justice Bahati Mwamuye, Senior Counsel John Ohaga, representing the respondents, informed the judge that a similar case had been filed by the Law Society of Kenya. He noted that a request had already been made to combine the two cases.
However, Mokaya’s legal team, led by advocate Danstan Omari, opposed merging the cases.
Justice Mwamuye scheduled the matter for further directions on April 9 and ordered that the existing protections remain in place until the case is heard and decided.
The case arises from an earlier criminal matter where Mokaya had been charged over a social media post about President William Ruto. He was later acquitted after the prosecution failed to prove its case.
In that ruling, the trial court criticized investigators for how they handled Mokaya’s electronic devices, stating they were seized and examined without proper legal authorization. The court emphasized that electronic devices require strong constitutional protection because they hold sensitive personal information.
Following his acquittal, Mokaya moved to the High Court seeking to stop any unlawful sharing of his personal data. He is also asking for Sh200 million in compensation, citing violations of his constitutional rights.
