No data protection laws in Kenya: How Kenyan police, CA, and Safaricom use mobile phones to track, capture suspects

In light of recent allegations regarding unauthorized phone surveillance,
it’s crucial for stakeholders in Kenya’s digital ecosystem to address these
concerns promptly. If trust is eroded, the potential damage to our digital
economy is significant.

Kenya’s digital economy has been a beacon of innovation and growth, driven
by technological advancements and digital finance. However, privacy
concerns can undermine this progress. The Data Protection Act offers a
framework to safeguard consumer privacy while fostering innovation.

To maintain the momentum of our digital economy, telecommunications
companies, and law enforcement agencies must issue clear statements denying
any unauthorized surveillance activities. These assurances are vital to
restoring public confidence and ensuring our digital ecosystem’s continued
growth and inclusivity.

Let’s prioritize transparency and privacy to secure Kenya’s position as a
leader in digital innovation. We can build a future where technology serves
everyone without compromising individual rights.

*Ali Hussein*

Fintech | Digital Transformation

Tel: +254 713 601113

Twitter: @AliHKassim

LinkedIn: Ali’s Profile <ke.linkedin.com/in/alihkassim>
<ke.linkedin.com/in/alihkassim>

Any information of a personal nature expressed in this email are purely
mine and do not necessarily reflect the official positions of the
organizations that I work with.

On Mon, Oct 28, 2024 at 10:54 PM Mwendwa Kivuva via KICTANet <
[email protected]> wrote:

> The article from Nation reveals how Kenyan police have been using mobile
> phone data to track and capture suspects, raising significant privacy and
> human rights concerns. The investigation highlights several key issues:
>
> 1. Unrestricted Access to Call Data: Kenyan security agencies have had
> almost unrestricted access to mobile phone users’ call data records (CDRs)
> and location data. This access has been facilitated by a data management
> system embedded within Safaricom’s internal systems by a British software
> company, Neural Technologies. This system allows real-time access to call
> data, ostensibly for tracking suspects.
>
> 2. Privacy Violations and Legal Concerns: The investigation raises
> concerns about the violation of privacy rights and the potential misuse of
> CDRs in abductions and extrajudicial killings. Although Safaricom claims to
> protect customer data and only release it with a court order, evidence
> suggests that police can obtain this data without formal processes.
>
> 3. Irregularities in Data Provided to Courts: The article details
> instances where Safaricom has provided incomplete or falsified CDRs in
> legal cases involving disappearances or murders, potentially impeding
> justice. This includes discrepancies in location data in cases like the
> disappearance of Trevor Ndwiga Nyaga and the abduction of South Sudanese
> activists Samuel Dong Luk and Idri Aggrey.
>
> 4. Use of Location Data for Targeting Operations: The investigation found
> that police and intelligence agencies have used mobile phone location data
> for operations that sometimes lead to abductions and killings without due
> judicial process. This includes the use of predictive profiling tools
> developed by Neural Technologies, which can map individuals’ movements and
> associations, raising further human rights concerns.
>
> 5. International Implications: The article also touches on the involvement
> of international entities like Vodafone, which holds a significant stake in
> Safaricom, and the role of British intelligence in supporting Kenyan
> operations. Despite these connections, there is no suggestion that these
> companies are complicit in human rights violations.
>
>
> nation.africa/kenya/news/exclusive-how-kenyan-police-use-mobile-phones-to-track-capture-suspects-4804416#story
>
>
> Best Regards
> ______________________
> Mwendwa Kivuva
> www.linkedin.com/in/mwendwa-kivuva
>