- Safaricom PLC has been served a 48-hour demand notice to compensate David Mokaya, acquitted in a high-profile cybercrime case.
- The claim seeks Ksh200 million for alleged violation of Mokaya’s constitutional rights after his devices were accessed and location data shared without a court order.
- The Milimani Magistrates Court found that forensic examination of Mokaya’s devices was conducted unlawfully.
- Mokaya had been accused of sharing false information about President William Ruto but was acquitted due to insufficient evidence.
David Mokaya, a university student, was recently cleared of charges alleging he published false content targeting President William Ruto. The image in question depicted a funeral procession and was falsely claimed to show the President’s body leaving Lee Funeral Home.
Magistrate Caroline Nyaguthi ruled that the prosecution had not proven its case, citing major gaps in the evidence. Six witnesses called by the State failed to establish that Mokaya was responsible for the social media post, allegedly published on November 13, 2024, via the X (formerly Twitter) account “Landlord @bozgabi.”
A central issue in the case was the handling of Mokaya’s electronic devices. The court found that law enforcement accessed and examined his gadgets without valid judicial warrants, rendering the forensic analysis illegal and the evidence obtained unreliable.
Although investigators claimed they had search and extraction warrants, no such orders were produced in court. Magistrate Nyaguthi emphasised that cybercrime investigations must strictly follow legal procedures because electronic data is highly sensitive and vulnerable to tampering.
Following the acquittal, Mokaya’s lawyers from Danstan Omari & Associates have issued a 48-hour demand notice to Safaricom, seeking Ksh200 million in damages. The claim asserts that Safaricom’s actions led to violations of Mokaya’s constitutional rights, particularly regarding the unlawful access, search, and analysis of his personal devices.
The letter cites the court’s acknowledgement that electronic devices contain sensitive personal information protected under the Constitution. Lawyers insist that Safaricom admit liability and compensate Mokaya promptly.
The advocates have warned that failure to comply within 48 hours will result in the company facing legal proceedings. If the case proceeds to court, Mokaya may claim the full Ksh200 million for damages linked to the breach of his privacy and constitutional protections.
This development puts Safaricom at the centre of a high-profile legal and public interest matter, highlighting the importance of lawful procedures in handling electronic data.
