The High Court of Kenya has issued conservatory orders restraining the Directorate of Criminal Investigations (DCI) and other parties from transferring or sharing the personal data of a Moi University student recently acquitted in a controversial cybercrime case.
Court Orders
Justice Bahati Mwamuye issued the orders pending the inter partes hearing and determination of an application dated February 23, 2026.
The case was filed by David Ooga Mokaya, who had been charged with publishing false information regarding the death of President William Ruto. Mokaya was arrested in November 2024 after allegedly posting on the X platform that the President’s body had left Lee Funeral Home, linked to the account “LANDLORD@bozgabi.”
He was released on cash bail during trial and later acquitted on February 19, 2026, when Senior Principal Magistrate Caroline Nyaguthii found the prosecution had failed to prove its case beyond reasonable doubt.
Data Protection Concerns
Following his acquittal, Mokaya, through lawyer Danstan Omari, sought urgent protection of his personal data. He argued that during the trial, investigators accessed his mobile phone data including call records, subscriber information, location data, and metadata without his consent.
Justice Mwamuye’s interim orders restrain the Respondent and Interested Parties from:
- Transferring, sharing, or disseminating Mokaya’s personal data.
- Disclosing subscriber information, call or location records, or metadata without his express written consent, a valid court order, or explicit legal provision.
Next Steps
The court directed Mokaya to serve the Respondent and Interested Parties with the application, petition, and court order in both hard and soft copies by February 27, 2026.
The Respondent and Interested Parties must enter appearance and file responses to both the application and petition by March 13, 2026.
