Kenya's High Court has issued orders preventing the Directorate of Criminal Investigations (DCI) and others from sharing or disseminating the personal data of Moi University student David Mokaya, who was recently acquitted in a cybercrime case. Mokaya faced charges for publishing false information about President William Ruto but was cleared on February 19, 2026. He claims his privacy rights were violated.
David Mokaya, a student at Moi University, sought urgent court intervention after his acquittal in a case involving alleged misuse of a social media platform. On February 19, 2026, the court ruled that the prosecution failed to prove its case beyond a reasonable doubt, leading to his clearance.
Mokaya was charged under Section 23 of the Computer Misuse and Cybercrimes Act, No. 5 of 2018, for publishing false information likely to cause fear or alarm. The post, dated November 13, 2024, featured a casket draped in the Kenyan flag being escorted by military officers, with a caption implying it showed President William Ruto's funeral procession.
The court's orders prohibit the DCI, the Office of the Director of Public Prosecutions, the Office of the Attorney General, and a telecommunications company from transferring, sharing, or disseminating Mokaya's personal data, including subscriber information, call data records, location records, and metadata.
In his constitutional petition, Mokaya seeks declarations that the access and disclosure of his data were unlawful, along with compensation for damages from the alleged breach. He argues that the actions violated Article 31 of the Constitution on the right to privacy and provisions of the Data Protection Act.
Mokaya stated that his details were shared by the DCI without his consent or a court order, resulting in his arrest in 2024. These conservatory orders were issued days after the acquittal ruling.
