Twitter User Who Beat Ruto Funeral Photo Charges Is Now Suing Safaricom for Ksh200 Million
The attorney general has asked the High Court to throw out a constitutional petition filed by social media user David Mokaya, arguing that the case does not belong before the Constitutional Court.
Mokaya is suing Safaricom PLC for Sh200 million in compensation, alleging that the telecommunications giant unlawfully disclosed his personal data. He claims this breach led directly to his arrest and subsequent prosecution over a social media post regarding President William Ruto.
In a preliminary objection filed this week, the attorney general labeled the petition as “misconceived, incompetent, and an abuse of the court process.”
State litigation counsel Jackline Kiramana argued that Mokaya has failed to demonstrate any constitutional violation that would require the intervention of the Constitutional Court. She maintained that the state followed established legal procedures throughout the previous legal actions against him.
“The offence for which the petitioner was charged was known and identifiable in law at the time of prosecution, and therefore the charging process cannot be termed irregular,” Kiramana submitted.
The Attorney General further maintained that Mokaya had not shown any wrongdoing on the part of the AG’s office and had not sought any substantive relief against it. The state pointed out a clear separation of powers regarding legal proceedings.
“The Attorney General has no role in the conduct of criminal prosecutions, which is constitutionally reserved for the Director of Public Prosecutions under Article 157 of the Constitution,” the court heard.
RELATED – Freedom for David Mokaya: Why the High-Profile ‘Ruto Funeral’ Cybercrime Case Collapsed
According to the state, the petition improperly attempts to convert a civil claim into a constitutional matter. Kiramana argued that Mokaya’s grievances actually center on alleged malicious prosecution and defamation – issues that belong in ordinary civil proceedings.
“The petition is fundamentally a claim for malicious prosecution disguised as a constitutional petition. This court should decline jurisdiction,” she argued.
The State also invoked the principle of constitutional avoidance, arguing that parties should not resort to constitutional jurisdiction when other legal mechanisms exist to resolve a dispute. According to the government’s legal team, Mokaya should pursue his grievances through statutory channels rather than the High Court.
Mokaya previously faced charges linked to a funeral procession image of President Ruto shared on Twitter but eventually won an acquittal.
Following that legal victory, he launched this current suit, accusing Safaricom of unlawfully handing over his private data to investigators. He contends that this breach of privacy directly triggered his arrest and the subsequent prosecution he endured.
The High Court will now determine whether to allow the petition to proceed or to uphold the Attorney General’s objection and strike the case out on technical grounds. If the court sides with the government, Mokaya may have to start his legal battle from scratch through the Data Protection Commissioner.
The post Twitter User Who Beat Ruto Funeral Photo Charges Is Now Suing Safaricom for Ksh200 Million appeared first on Nairobi Wire.