Okoiti v. Communications Authority of Kenya
Case Law- Country
- Country Location
خط العرض: 2.2319662848575907
خط الطول: 37.627257845273796
- Country Location (مرتبط Case Law)
- Kenya
- Decision Date
- 19 أبريل 2018
- Case Status
- أُغلقت / إنتهت
- Case Outcome Procedural
- Motion Granted
- Case Outcome (Disposition)
- نقض القانون أو الإجراء أو اعتباره غير دستوري
- Keywords
- Privacy
- Surveillance
- Wiretapping
- Judicial Body
- المحكمة أول درجة
- Case Number
- Constitutional Petition No. 53 of 2017
- Case Summary
The High Court of Kenya held that the Communications Authority of Kenya's plan to implement a system that provided them with access to mobile service subscribers’ data was unconstitutional. The case was brought by the executive director of a legal trust who believed that the plan to install a communication surveillance system on mobile networks allowing access to certain information of mobile service subscribers, including their call data records, was unconstitutional. He argued that the policy formulation and implementation process lacked adequate public participation and that the system itself amounted to a breach of mobile service subscribers' rights to privacy. The Government of Kenya argued that the system was needed to monitor and identify illegal mobile devices. The High Court found that the system was “a threat to the subscribers’ privacy” and that there were less restrictive measures that could be used to identify illicit devices. The High Court also found that the system had not been adopted in accordance with law. In its judgment, the High Court relied on jurisprudence on the right to privacy from a range of international and regional bodies, including the European Court of Human Rights and the United Nations Human Rights Committee.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Law