Petition allowed: declarations that Articles 28, 31 and 46 were violated; KES 900,000 general damages to each of 11 petitioners, with interest and costs. High Court, 13 May 2026.
Record ID
ke-high-court-2026-0002
Case reference
Constitutional Petition E095 of 2026; [2026] KEHC 6905 (KLR)
petition allowed: declarations that Articles 28, 31 and 46 were violated; KES 900,000 general damages to each of 11 petitioners, with interest and costs
Eleven Safaricom subscribers petitioned the High Court alleging that between 2018 and 2019 Safaricom employees accessed and transmitted subscriber information, including financial transaction data, betting activity, device identifiers and geolocation data, to third parties without consent. The events predated the Data Protection Act 2019, so the petition rested on the Constitution. Safaricom conceded that certain former employees had extracted data but argued they acted outside their employment and that no petitioner showed their own data was affected.
Orders and outcome
Declarations that the Respondent violated the Petitioners' rights under Articles 28, 31 and 46; general damages of KES 900,000 to each Petitioner with interest at court rates from the date of judgment; costs of the Petition. Dated 13 May 2026.
DATA BREACH · SECURITY · INSIDER · BURDEN OF PROOF · CONSTITUTIONAL PETITION
Cite this decision
High Court (Kenya), Austine Taabu Musungu & 10 others v Safaricom PLC, Constitutional Petition E095 of 2026; [2026] KEHC 6905 (KLR), court ruling of 13 May 2026. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/high-court/2026/musungu-v-safaricom/ (accessed 23 October 2026).
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