Safaricom Faces Heat for Sharing Student Data Without Court Order in Ruto Case
A police officer has told a Nairobi court that Safaricom released personal details of a Moi University student accused of posting misleading information about President William Ruto—without a court order.
Chief Inspector Bosco Kisau of the Serious Crimes Unit testified before Milimani Senior Principal Magistrate Benmark Ekhubi that detectives relied on data from the mobile service provider to track and arrest David Ooga Mokaya. Mokaya is charged with publishing false information online.
According to Kisau, investigators went to Eldoret on November 15, 2024 after getting Mokaya’s phone number from Safaricom. They arrested him near Moi University’s Annex area, took his Samsung phone, laptop and ID and took him to Nairobi for questioning.
During cross-examination, defence lawyers Danstan Omari and Ian Mutiso asked Kisau if a court order was obtained before accessing the accused’s data and gadgets. He said no and that he was not aware of a High Court ruling requiring one.
Further testimony revealed that Safaricom staff, including Daniel Hamisi, shared Mokaya’s information after a letter from senior police officer Michael K. Sang. Hamisi also said this was done without a judicial directive.
The defence said this was a violation of Mokaya’s right to privacy and freedom of expression. “Do you know that subscriber details can only be released with a court order?” Mutiso asked. Kisau said he didn’t know.
Prosecutors say Mokaya used his X (formerly Twitter) account, under the username Landlord @bozgabi, to post a photo of a casket draped in the Kenyan flag with a caption referencing “President Ruto”. They say the post misled the public into thinking it was President Ruto’s funeral.
But Kisau admitted under questioning that the image did not have Ruto’s full name or picture. Defence lawyers said the reference could apply to anyone with the name “Ruto”.
The case has raised questions on how state agencies handle online political speech and whether due process is followed in digital data investigations.
Mokaya who has denied the charge was released on a bond of Sh100,000 or cash bail of Sh50,000. The case will continue.
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Safaricom Faces Heat for Sharing Student Data Without Court Order in Ruto Case