NAIROBI, Kenya — A mobile telecommunications company is facing a potential court battle after a businessman accused it of unlawfully tracking his location and sharing private data, actions he claims led to his arrest and detention.
In a demand letter, Alex Mutuku Mbalezi, through lawyer Danstan Omari, alleges that the company violated his constitutional right to privacy under Article 31 of the Constitution of Kenya.
The letter argues that at the time of the alleged incident, the telecom provider owed its customer both a statutory and fiduciary duty to protect his personal data and ensure that any disclosure complied strictly with constitutional and legal safeguards.
Alleged Privacy Breach
According to the demand notice, the company unlawfully tracked and disclosed Mbalezi’s location data, which allegedly led directly to his arrest by police officers.
The businessman claims he was manhandled while in custody and sustained injuries.
He further alleges that he has since suffered health complications, psychological distress, 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 state in the letter.
Article 31 of the Constitution guarantees every person the right to privacy, including protection against the unnecessary revelation of personal information and the intrusion into private communications.
Kenya’s data protection framework also requires service providers to process personal data lawfully and only for legitimate purposes.
Compensation Demand
Mbalezi is demanding that the telecommunications firm admit liability in writing within seven days and pay Sh250 million in compensation for the alleged violations and resulting harm.
The notice warns that failure to comply within the stipulated period will result in legal proceedings being instituted without further reference to the company.
If filed, the case is likely to test the extent of telecom operators’ obligations in handling subscriber data and the circumstances under which location data may be shared with law enforcement agencies.
The company had not publicly responded to the allegations by the time of publication.
