Safaricom Limited, has filed a lawsuit against investigative journalist Robert Wanjala Kituyi after he sought information regarding the company’s handling of court orders requesting customer data. The case, which Katiba Institute describes as a Strategic Litigation Against Public Participation (SLAPP) suit, raises concerns over press freedom and corporate transparency in Kenya.
According to a press release from Katiba Institute, Kituyi formally requested information from Safaricom on November 6, 2024. He sought details on how many court orders the company received between June and October 2024 for customer data, as well as Safaricom’s internal policies regarding compliance and potential denials. The request followed rising reports of enforced disappearances, with allegations that personal data shared with authorities had been misused. Safaricom refused to respond.
Following the company’s silence, Kituyi escalated the matter to the Commission on Administrative Justice (CAJ), which ruled on February 5, 2025, that Safaricom had breached the journalist’s constitutional right to access information and ordered the company to disclose the requested details. However, rather than comply, Safaricom took legal action against Kituyi, filing a civil appeal at the High Court in Milimani.
Safaricom’s grounds for appeal include its status as a private entity, arguing that disclosure laws apply only to public bodies, and that releasing such information could undermine commercial interests. The company also cited public interest concerns, claiming that non-disclosure was justified.
Katiba Institute, which is representing Kituyi, condemned the move, warning that it could set a dangerous precedent for press freedom. “This suit comes in the wake of reports that Safaricom has engaged in actions that have been alleged to limit press freedom and derail transparency,” the institute stated.
The case is being closely watched as it could have far-reaching implications for corporate accountability and data privacy in Kenya.
