Student charged for publishing fake information on Ruto sues Safaricom for Ksh200 million
David Mokaya, the university student charged in court for publishing false information on President William Ruto, has announced that he will sue Safaricom.
David Mokaya, the university student charged in court for publishing false information on President William Ruto, has announced that he will sue Safaricom.
In a press statement, Mokaya’s lawyer Danstan Omari accused Safaricom of violating the Data Protection Act by allegedly sharing his client’s location with the police without a court order.
Omari claimed that the Telco giant also undermined Mokaya’s dignity and right to privacy guaranteed by the Constitution of Kenya.
“This is a violation of the fundamental human right of Mokaya. We shall be moving to the High Court because our client’s constitutional fundamental right was violated.
“We have demanded Ksh200 million. We shall also be asking for legal fees to be provided by Safaricom because this trend must stop,” Omari revealed.
The lawyer has issued a demand letter to Safaricom, giving it up to Monday to pay Mokaya the money.
The lawyer maintained that officers from the Directorate of Criminal Investigations (DCI) were not allowed to request mobile service providers for the location of Kenyans without a court permit.
Omari further disclosed that he would seek guidance from the court on whether DCI officers were allowed to confiscate suspects’ phones and other gadgets.
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“The question of police officers arresting people and the first thing they take is a handset, no law allows police to take possession of phones until a court order is issued,” the lawyer stated.
He further hinted that he would follow up on other cases where police arrested suspects after mobile service providers disclosed their location.
Trial Magistrate at the Milimani Court, Carolyne Mugo, dismissed the case against Mokaya, stating that he had been framed by the police who acted illegally.
She told the court that the police did not have any evidence directly linking the accused to the offence and released him under Section 215 of the Criminal Procedure Code.
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