A university graduate who was charged with publishing a controversial image of President William Ruto in a coffin has issued a Sh200 million demand notice to Safaricom for allegedly releasing his personal data without a court order.
David Mokaya, who was the accused claims the telecommunications firm unlawfully shared his data with the Directorate of Criminal Investigations (DCI), leading to his prosecution.
Mokaya had been charged with a false publication contrary to Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
The prosecution alleged that on November 13, 2024, he intentionally published a manipulated image depicting a funeral procession with a casket draped in the Kenyan flag, captioned , “President William Ruto’s body leaves Lee Funeral Home.”
However, in a judgment delivered on February 19, 2026, Principal Magistrate Carolyne Nyaguthii Mugo acquitted Mokaya under Section 215 of the Criminal Procedure Code.
In the judgment, the court made strong observations regarding the handling of Mokaya’s electronic devices.
The magistrate noted that mobile phones and computers contain extensive personal data that attract heightened constitutional protection.
The court further observed that Mokaya’s gadgets were seized unlawfully and subjected to forensic extraction without judicial authorization.
The magistrate described the forensic examination as a separate and more intrusive search.
Following the acquittal, Mokaya’s lawyers, led by advocate Danstan Omari, issued a formal demand notice to Safaricom.
In the letter, the lawyers argue that the company acted contrary to Mokaya’s constitutional rights by releasing his personal data without a court order.
They cite portions of the judgment which, they say, amount to a clear admission of rights violations.
The legal team is demanding that Safaricom accept liability within 48 hours of receiving the notice and offer compensation for the alleged infringement of rights.
They warn that failure to comply will result in legal proceedings being instituted without further reference to the company, with the intended claim estimated at Sh200 million, covering compensation and legal costs.
The matter now sets the stage for a possible civil suit arising from the criminal proceedings that ended in Mokaya’s acquittal.
