Businessman seeks Ksh.250M from Telco over alleged illegal location tracking

In a demand letter,Alex Mutuku Mbalezi lawyers argue that the telecommunications provider violated his constitutional right to privacy under Article 31 of the Constitution of Kenya, 2010. 

Through lawyer Danstan Omari,Mbalezi states that at the time of the alleged incident, the company owed its customer a statutory and fiduciary duty to protect his personal data and ensure that any disclosure strictly complied with constitutional and legal requirements. 

According to the lawyers, the company unlawfully tracked and disclosed their client’s location data, which allegedly led directly to his arrest and detention. 

The businessman claims that while in police custody, he was manhandled and sustained injuries. 

He further says he has since suffered health complications, psychological distress, and damage to his personal reputation and dignity. 

“Your actions directly facilitated the violation of our client’s fundamental rights and freedoms and exposed him to unlawful arrest,” the lawyers claim in the letter. 

The businessman is now demanding that the telecommunications firm admit liability in writing within seven days and pay Ksh 250 million in compensation for the alleged losses and damages. 

The notice warns that failure to comply with the demands within the stipulated period will result in legal proceedings being instituted without further reference to the company.