Court bars DCI from transferring personal data of student acquitted in Ruto post case

The High Court has issued conservatory orders barring the Directorate of Criminal Investigations (DCI) and other parties from transferring or sharing the personal data of a Moi University student who was recently acquitted in a controversial cybercrime case.

Justice Bahati Mwamuye issued the orders pending the inter partes hearing and determination of an application dated February 23, 2026.

The case was filed by David Ooga Mokaya, a student at Moi University, who had been charged over allegations that he published false information regarding the death of President William Ruto.

Mokaya had been arrested and arraigned at the Milimani Law Courts on November 18, 2024, accused of posting on the X platform that the President’s body had left Lee Funeral Home. The post was linked to an account identified as “LANDLORD@bozgabi.”

He was released on cash bail to enable him to continue with his studies as the case proceeded.

In a judgment delivered on February 19, 2026, Senior Principal Magistrate Caroline Nyaguthii acquitted Mokaya under Section 215 of the Criminal Procedure Code, finding that the prosecution had failed to prove its case beyond reasonable doubt.

Following his acquittal, Mokaya, through his lawyer Danstan Omari, moved to the High Court seeking urgent protection of his personal data. He argues that during the trial, it emerged that his mobile phone data including call data records, subscriber information, location data and metadata had been supplied to investigators without his consent.

In the interim orders, Justice Mwamuye restrained the Respondent and Interested Parties, jointly and severally, whether directly or through their employees, servants, agents or related entities, from transferring, sharing, disseminating or otherwise divulging Mokaya’s personal data, subscriber information, call or location records, metadata, or any information arising from the use of his telephonic or data devices.

The court directed that such data shall not be disclosed to any unauthorized person unless with Mokaya’s express written consent, a valid court order issued by a competent court, or in strict reliance on an express provision of written law permitting such disclosure.

The judge further directed Mokaya to serve the Respondent and Interested Parties with the application, petition and court order in both hard and soft copies immediately and to file an affidavit of service by close of business on February 27, 2026.

The Respondent and Interested Parties have been ordered to enter appearance and file their responses to both the application and the petition by March 13, 2026.