In a shocking courtroom revelation that strikes at the heart of digital privacy, a Safaricom officer has admitted the telecom giant handed over a university student’s data to investigators without obtaining a legally required court order.
The testimony came during the high-profile case against David Mokaya, a student arrested in November 2024 and charged with posting an image depicting President William Ruto’s coffin on social media platform X. The prosecution’s case relies heavily on digital evidence linking Mokaya to the account.
However, the trial took a dramatic turn when the Safaricom compliance officer, testifying under oath, confirmed that the company released the student’s crucial subscriber information directly to investigators upon request, bypassing the standard judicial process. This admission means the evidence was obtained without independent oversight or a judge’s approval, a fundamental safeguard against state overreach.
This revelation immediately raises profound questions about due process, the protection of citizen privacy, and the ethical handling of digital evidence in Kenya. Legal experts and privacy advocates are alarmed, suggesting the case could set a dangerous precedent if such practices are allowed to stand.
It challenges the commitment of corporations like Safaricom to protect user data as mandated by the Data Protection Act and calls into question the methods used by law enforcement to build cases, potentially undermining the integrity of their evidence. The court must now decide if evidence obtained without a court order is even admissible, a decision that could make or break the case against Mokaya and impact future digital rights in the country.
