Privacy on Trial: Moi University Student Wins Key Court Protection in KSh 200M Data Battle

A Moi University student has scored another win in court. David Ooga Mokaya, recently cleared of criminal charges tied to an online post about President William Ruto, is now fighting a different battle. This time, it is about privacy and personal data.

On February 25, the High Court in Nairobi issued temporary protective orders in his favour. The orders stop the Directorate of Criminal Investigations (DCI) and related parties from sharing his private information. That includes call logs, subscriber details, metadata and location records. The court said such data must not be released without his written approval, a court warrant, or clear legal backing.

Justice Bahati Mwamuye granted the conservatory orders. They will remain in force until the court hears and determines his main application. Mokaya’s lawyers, Danstan Omari, Martina Swiga and Shadrack Wambui, argue that his rights were violated. They say investigators accessed his personal data through a telecommunications provider without first obtaining a court order.

Mokaya was arrested in November 2024. He had been accused of publishing false information linked to the head of state. Prosecutors claimed he shared an image portraying the president in a coffin. He denied the accusation. After a full hearing, the trial court acquitted him due to lack of sufficient evidence.

Now he wants compensation. The fourth-year student is seeking KSh 200 million in damages. He says the alleged breach of privacy was unlawful and unconstitutional. He also maintains that the criminal case disrupted his studies. His legal team previously told the court that the matter affected his concentration and academic progress.

The case has taken a new direction. It is no longer just about a social media post. It is about digital privacy and the limits of state power. The outcome could influence how authorities handle personal data in future investigations.