DNK International By Our Reporter,Nairobi.
A university student has filed a case at the High Court over the alleged unlawful sharing of his personal data by Safaricom PLC, weeks after he was acquitted in a criminal case that stemmed from the same disclosures.
In the constitutional petition filed by lawyer Danstan Omari and Shadrack Wambui at the High court in Nairobi, David Mokaya contends that his right to privacy was violated when his mobile phone data was allegedly released to investigators without his consent or a court order, leading to his arrest and prosecution.
Mokaya, a student at Moi University, was arrested in November 2024 and charged before the Milimani Law Courts over claims that he had published false information on the social media platform X about the death of President William Ruto.
The post, allegedly linked to an account identified as “LANDLORD@bozgabi,” claimed that the President’s body had left a Nairobi funeral home.
Court documents show that Mokaya was released on cash bail to enable him to continue with his studies as the trial progressed.
During the proceedings, he says prosecution witnesses disclosed that his call data records and subscriber information had been supplied by Safaricom to the Directorate of Criminal Investigations without his knowledge.
On February 19, 2026, the trial court acquitted Mokaya under Section 215 of the Criminal Procedure Code, finding that the prosecution had failed to prove its case.
He subsequently moved to the High Court, naming Safaricom as the respondent and listing the Office of the Director of Public Prosecutions and the Attorney General as interested parties.
He is now seeking interim conservatory orders to stop Safaricom from sharing his call records, location data and metadata without consent or a lawful court order, arguing that the case raises issues of public importance with far reaching implications for data protection in Kenya.
[DNK-International@February 25,2026
