A prominent businessman, Alex Mutuku Mbalezi, is threatening legal action against a mobile phone company over alleged unlawful tracking and disclosure of his location data, which he claims led to his arrest, detention, and lasting harm.
In a formal demand letter, Mbalezi’s lawyers, led by Danstan Omari, argue that the telecommunications provider violated his constitutional right to privacy under Article 31 of the Constitution of Kenya, 2010.
The letter states that the company owed Mbalezi a statutory and fiduciary duty to protect his personal data and ensure that any disclosure complied with legal and constitutional requirements. According to the lawyers, the company allegedly tracked and shared Mbalezi’s location without consent, resulting in his arrest and detention.
While in police custody, Mbalezi claims he was manhandled, sustaining physical injuries. He further alleges that the incident has caused ongoing psychological distress, health complications, and damage to his personal reputation and dignity.
“Your actions directly facilitated the violation of our client’s fundamental rights and freedoms and exposed him to unlawful arrest,” the lawyers wrote.
Mbalezi is demanding that the telecommunications firm admit liability in writing within seven days and pay Ksh 250 million in compensation for the alleged losses and damages. The notice warns that failure to comply will prompt legal proceedings without further notice.
The case, if it proceeds, could have significant implications for data privacy and the responsibilities of telecommunications providers in Kenya.
