Automated Summary
Key Facts
Dr. Isaac Kiplimo Ng'etich (petitioner) sought access to Safaricom PLC's records for four SIM numbers (0722-XXX-788, 0723-XXX-785, 0721-XXX-297, 0724-XXX-564) to prove unauthorized registration and breach of privacy. The court ruled that only SIM number 0723XXX785, linked to a 2019 police investigation alleging fraud, warranted disclosure of registration details, identity documents, and M-Pesa statements. The petitioner's claim was partially granted, with orders for Safaricom to provide information for 0723XXX785 within 21 days, while opposing access to other numbers due to privacy protections under the Data Protection Act.
Issues
- The court examined if the applicant's request for details on multiple phone numbers, only one of which was linked to the police investigation, is justified under the law.
- The court considered whether the applicant's right to access information under the Constitution and Access to Information Act overrides the privacy rights of other subscribers as protected by the Data Protection Act.
Holdings
- The respondent must provide certified copies of subscriber details for mobile phone number 0723XXX785 from the period it was registered to the applicant until deregistration and any re-registration periods.
- The respondent must provide all Mpesa statements for mobile phone number 0723XXX785 while the number was registered or re-registered in the applicant's name.
- The respondent must provide all identification documents/forms used to register the applicant's name to mobile phone number 0723XXX785 for the same period.
- The costs of the application are to abide by the outcome of the petition.
- The court grants the application in part, allowing it only in respect to mobile phone number 0723XXX785. The information sought is limited to the period the number was registered to the applicant and any subsequent re-registration in his name.
- The applicant must pay any reasonable fee required by the respondent for the requested information.
Remedies
- The Respondent shall within 21 days provide all the identification documents/forms used to register the Applicant's name to the said mobile phone number 0723XXX785 for the same period.
- e. Costs to abide the outcome of the petition.
- The Respondent shall within 21 days provide all Mpesa statements for mobile phone number 0723XXX785 while the number was registered/re-registered in the name of the Applicant.
- The Respondent shall within 21 days from the date of this ruling, provide the Applicant with certified copies of subscriber details for mobile phone number 0723XXX785 from the period it was registered to him until the period of deregistration and any other period that the said number may have been re-registered in his name.
- The applicant shall pay any reasonable fee required by the Respondent.
Legal Principles
The court applied the constitutional right to access information under Article 35(1)(a) of the Kenyan Constitution, emphasizing that non-disclosure must be strictly justified. It referenced the Access to Information Act 2016 (Section 4) and the Data Protection Act (Section 27A(2) of the Kenya Information and Communication Act) to balance privacy and transparency obligations. The ruling highlighted that the burden of proving a legitimate limitation rests on the party resisting disclosure.
Precedent Name
- Brummer v Minister for Social Development & Others
- President of Republic of South Africa v M & G Media
- Kenya Human Rights Commission v Communications Authority of Kenya & 4 others
- Trusted Society of Human Rights Alliance & 3 others v Judicial Service Commission & another
- Youth Initiative for Human Rights vs. Serbia
Cited Statute
- Kenya Information and Communication Act
- Data Protection Act No. 24 of 2019
- Access to Information Act 2016
Judge Name
H. M. Nyaga
Passage Text
- Section 4 of the Access to Information Act 2016 provides that: (1) Subject to this Act and any other written law, every citizen has the right of access to information held by— (a) the State; and (b) another person and where that information is required for the exercise or protection of any right or fundamental freedom. (2) Access to information shall be provided expeditiously at a reasonable cost.
- The Respondent shall within 21 days from the date of this ruling, provide the Applicant with certified copies of subscriber details for mobile phone number 0723XXX785 from the period it was registered to him until the period of deregistration and any other period that the said number may have been re-registered in his name.