Tomorrow’s High Court judgment in the Safaricom data breach case could become one of Kenya’s biggest digital rights decisions yet.
The case revolved around an alleged breach affecting over 11.5 million subscribers and raised a simple but powerful question: when companies collect massive amounts of our personal data, who is held accountable when that data is compromised?
The petition is a major test of the enforcement strength of the Data Protection Act, 2019 and whether Kenyan courts are prepared to impose meaningful consequences where private entities fail in their duty to safeguard citizens’
data.
Interesting timing too coming shortly after the KSh1.4B+ copyright judgment involving innovator Peter Nthei Muoki. The courts are increasingly being asked to draw the line between innovation, power, and accountability.
Tomorrow should be interesting.
The recent remarks by H.E. President Samia Suluhu Hassan suggesting coordinated regional action to suppress youth-led civic expression across East Africa raise grave constitutional and rule of law concerns within the East African Community.
The Constitution of Kenya is unequivocal. It guarantees freedom of expression, association and peaceful assembly under Articles 33, 36 and 37. These are not concessions from the State; they are protected rights that form the foundation of democratic governance. Comparable protections exist across the region and are reflected in the commitments of the East African Community.
Demands for accountability, transparency and respect for human rights cannot be characterised as disorder. They are an essential feature of constitutional democracy. Kenya’s legal framework does not permit the use of force, coercion or punitive measures against citizens for the peaceful exercise of their rights. Articles 27, 28 and 29 protect equality, dignity, and freedom from cruel, inhuman or degrading treatment. These safeguards are absolute.
The Law Society of Kenya rejects any proposition that fundamental freedoms may be curtailed through executive direction, political convenience or regional alignment. Constitutional rights are not negotiable, and they are not subject to suppression in the name of order. Any attempt to undermine these freedoms will be met with firm institutional resistance through legal, civic and regional accountability mechanisms.
Kenya’s democratic gains were secured through sustained struggle, institutional reform and principled resistance to arbitrary power. They must be preserved through fidelity to the rule of law and respect for civic space. The appropriate response to citizen engagement is dialogue, not deterrence.
The Law Society of Kenya calls on governments within the region to uphold constitutional norms, respect the rights of all persons and engage constructively with citizens. The Society remains committed to defending the Constitution, protecting fundamental freedoms and advancing the rule of law across the region.
When two heads of state meet to discuss how to whip and discipline citizens demanding accountability, we’ve crossed from democracy into dictatorship. President Suluhu’s call for President Ruto to join her in suppressing Gen Zs is a conspiracy against constitutional rights.
The audacity to frame calls for good governance as notorious behaviour that must be tamed is an insult to every freedom our constitutions guarantee. Democracy is anchored on the fundamental pillars of the rule of law, human rights and accountable leadership. These aren’t negotiable.
If exercising our constitutional right to protest makes us deserving of canes and whips then our leaders have forgotten who they serve. We will not be silenced. We will not be beaten into submission. The Constitution is our shield and defender and not the whims of those who fear accountability.
I want a boring president. Entertainment is on Netflix, YouTube and TikTok. Charisma is in Kodong Klan. For presidency, I need less hullabaloo and more visible transformation.
+1 🎂
Every new year,I realize growth is less about becoming someone new and more abt returning to self.
And I now value the simplest, deepest truths: life is short, authenticity is priceless, peace is necessary & time is best spent on what truly matters.
Wa kudumu atadumu 😁
@KCBInKenya No it doesn't. And that is my concern.
It doesn't. So hata mtu hajui kama deposit ilifika kwa right person or right account
Please look into that.