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Constitutional law [2026] KEHC 13624 (KLR)

Matey v Safaricom PLC

The High Court partly allowed a subscriber's application compelling Safaricom to disclose access logs and records of requests for her mobile numbers and M-Pesa data, holding that Articles 31 and 35 and the Data Protection Act apply, but refusing to order creation of non-existent records.

  • Right to privacy under article 31 of the constitution
  • Right of access to information under article 35 of the constitution
  • Access to information act, 2016, sections 4, 5, 8 and 9
  • Data protection act, 2019, sections 25 and 26
  • Disclosure of subscriber and m-pesa account information
  • Court-compelled production of records within a party's possession, custody or control
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