High Court bars DCI from sharing Moi University student David Mokaya’s personal data
High Court bars DCI from sharing Moi University student David Mokaya’s personal data
The High Court of Kenya has issued conservatory orders preventing the Directorate of Criminal Investigations (DCI) and other parties from transferring, sharing, or disseminating the personal data of a Moi University student recently acquitted in a controversial cybercrime case.
The student, David Mokaya, moved to court seeking urgent intervention following his clearance of the charges linking him to alleged misuse of a social media platform.
In the orders, the court barred DCI and any other parties from sharing Mokaya’s personal data, including subscriber information, call data records, location records and metadata.
Other parties also restricted by the court from performing such an act include the office of the director of public prosecution, the office of the attorney general, and a telecommunication company that was a respondent in the case.
Six Court of Appeal judges sue government over unpaid Ksh.20M compensation
ODM asks political parties dispute tribunal to dismiss Sifuna’s complaint
Kenyan woman stranded in Malaysia rescued
Bees attack mourners, disrupt burial ceremony in Makueni
Mokaya had argued that his right to privacy had been violated after his details was shared by DCI without his consent or court order, leading to his arrest in 2024.
In his constitutional petition, he is also seeking declarations that the alleged access and disclosure of his personal data were unlawful, alongside compensation for damages arising from the alleged breach.
He also argues that the alleged data sharing contravened Article 31 of the Constitution on the right to privacy as well as provisions of the Data Protection Act.
Mokaya was acquitted earlier on February 19 after the court ruled that the prosecution had failed to prove its case beyond a reasonable doubt.
He was charged with publishing false information about President William Ruto on his social media accounts.
The post, published on November 13, 2024, showed a casket draped in the Kenyan flag escorted by military officers, with a caption suggesting it depicted Ruto’s funeral procession.
He was charged under Section 23 of the Computer Misuse and Cybercrimes Act, No. 5 of 2018, accused of publishing false information likely to cause fear or alarm.
However, the court found insufficient evidence to link Mokaya to the offence directly, ultimately acquitting him and dismissing the charge under the cybercrime law.
Sifuna was a key player in championing for broad-based government – Gladys Wanga
Sifuna addresses conducting ODM rallies in Azimio colours
IEBC announces 12,520 jobs; How to apply
Babu Owino decries harassment after bodyguard and wife allegedly arrested by DCI
I will win the Nairobi senatorial seat in 2027; Jalang’o
Follow us
