A Kenyan telecommunications giant has come under scrutiny after admitting in court that it handed over a university student’s personal data to police without obtaining the required court order, in a case involving alleged false information about President William Ruto.
The revelation emerged during testimony at Milimani Law Courts, where Moi University student David Ooga Mokaya faces charges of publishing false information following a social media post in November 2024.
Chief Inspector Bosco Kisau of the Serious Crimes Unit at DCI headquarters told Senior Principal Magistrate Benmark Ekhubi that Safaricom provided Mokaya’s details after police requested information about a social media publication that had “raised public concern” regarding the head of state.
The officer revealed that armed with the student’s cellphone details from Safaricom, police traveled to Eldoret on November 15, 2024, to arrest Mokaya at the Annex area opposite Moi University. During the arrest, officers seized his Samsung mobile phone, laptop, and identity card before transporting him to Nairobi for interrogation.
However, during cross-examination by defense lawyers Danstan Omari and Ian Mutiso, significant procedural violations came to light. Inspector Kisau admitted he was not served with any court order authorizing the investigation of Mokaya’s electronic devices. More concerning, he confessed ignorance of High Court rulings that require court orders before mobile service providers can release subscriber details to third parties.
Safaricom employee Daniel Hamisi confirmed the company’s actions, testifying that a senior police officer, Michael K Sang, had written to the telecommunications company on November 14, 2024, requesting Mokaya’s details without presenting a court order.
The case centers on a social media post shared on November 13, 2024, through Mokaya’s X account under the username ‘Landlord @bozgabi’. The disputed post featured an image of a funeral procession with military escort carrying a casket draped in the Kenyan flag, accompanied by a caption mentioning “President Ruto.”
Prosecutors allege the image was designed to mislead the public into believing it depicted President William Ruto’s funeral. However, under questioning, Inspector Kisau made several damaging admissions that could undermine the prosecution’s case.
The officer acknowledged that the post did not actually contain a photograph of President Ruto, nor did it mention the president’s full name. Defense lawyers argued that the reference to “President Ruto” could theoretically apply to any Kenyan citizen bearing that surname.
Furthermore, Inspector Kisau could not confirm the origin or location of the publication, telling the court, “I don’t know where the publication was done.” He also revealed that no statement had been recorded from President Ruto himself regarding the alleged offense.
The defense team successfully highlighted serious breaches of due process, including the seizure of Mokaya’s electronic devices before obtaining proper search warrants and the violation of privacy rights through unauthorized data disclosure.
The case raises critical questions about digital rights, freedom of expression, and corporate compliance with legal procedures in Kenya’s increasingly digitized society. Legal experts note that the unauthorized release of personal data by telecommunications companies sets a dangerous precedent for privacy protection.
Mokaya, who has pleaded not guilty to the charges, was granted bond of Sh100,000 or cash bail of Sh50,000. The case continues as courts grapple with balancing national security concerns against constitutional protections for privacy and free speech in the digital age.
The hearing is expected to resume as the defense prepares to challenge the admissibility of evidence obtained through what they argue were illegal means.
