- University student David Ooga Mokaya, who was recently acquitted after a court case over a social media post about President Ruto, has won another legal case
- On Wednesday, February 25, the High Court in Nairobi issued interim orders against government agencies, including the DCI
- Mokaya, through lawyers Danstan Omari, Martina Swiga and Shadrack Wambui, is seeking compensation of KSh 200 million for the alleged breach of privacy
Nairobi: A Moi University student, who was recently acquitted in a case where he was accused of publishing a photo allegedly showing the President William Ruto in the coffin, he has won another legal victory against the government.
Source: Original
What order did the Supreme Court give against the government in the Mokaya case?
On Wednesday, February 25, the High Court issued interim orders preventing the Directorate of Criminal Investigation (DCI) and other parties from disseminating or sharing the personal data of the student, David Ooga Mokaya.
High Court Judge Bahati Mwamuye issued the restraining orders pending the hearing and decision of the petition submitted by the lawyers Danstan OmariMartina Swiga and Shadrack Wambui on behalf of the student.
In his orders, Judge Mwamuye ordered the government to immediately stop sharing any information about Mokaya with anyone else. “A protective order is issued and prohibits the defendant and the Related Parties, jointly and severally, whether directly or through their employees, servants, agents, or related entities; transferring, sharing, distributing, or in any way disclosing to any unauthorized person/party any of the plaintiff’s personal data, subscriber information, telephone and/or location information/records, metadata, or any other information resulting from the use of any telephone device or service or data maintained by the plaintiff without the written consent of the plaintiff or a valid court order issued by a court of competent jurisdiction or in reliance on a provision of written law permitting it,” read part of the order seen by TUKO.co.ke.
Why does David Mokaya want compensation of KSh 200m
Mokaya, who on Wednesday, February 19, was acquitted of allegedly publishing a picture of President Ruto, has since filed a lawsuit where he wants KSh 200 million as compensation for the alleged violation of his basic rights.
Source: UGC
In court papers that TUKO.co.ke has, the fourth-year university student says that his right to privacy was violated after the telecommunications company allegedly gave investigators access to his personal data without a court order.
He believes the move was illegal and unconstitutional.
Mokaya was arrested on November 18, 2024, after which he was accused of publishing false information about the head of state on social networks. He had denied the charges before the court and thus he was released for lack of evidence.
How the fake publication case about Ruto affected David Mokaya’s education
Earlier, TUKO.co.ke, reported that Mokaya had told the court how the case had affected his studies.
Lawyer Omari had told the court that the case had not only interfered with his client’s studies, but had also affected his mental focus.
The student initially failed in his bid to ask the court to stop the case, while the prosecution insisted on a full trial.
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Source: TUKO.co.ke
