A major mobile phone company is staring at a potential court battle after a businessman accused it of illegally tracking his location and sharing his private data, actions he claims led to his arrest, detention, and long-term suffering. In a formal demand letter, the businessman, Alex Mutuku Mbalezi, through his legal team, alleges that the telecommunications provider violated his constitutional right to privacy as protected under Article 31 of the Constitution of Kenya, 2010.
Alleged Breach of Privacy and Duty of Care
Through lawyer Danstan Omari, Mbalezi argues that at the time of the incident, the company had both a statutory and fiduciary duty to safeguard his personal information. The letter states that any disclosure of customer data should strictly comply with constitutional and legal requirements. However, the lawyers claim the firm unlawfully tracked and released Mbalezi’s location data, which they say directly resulted in his arrest and subsequent detention.
Claims of Mistreatment and Psychological Harm
According to the demand letter, the businessman was allegedly mishandled while in police custody and sustained physical injuries. He further claims that the incident caused ongoing health complications, emotional trauma, and significant damage to his personal reputation and dignity. The lawyers maintain that the company’s actions facilitated what they describe as a violation of their client’s fundamental rights and freedoms.
Ksh 250 Million Compensation Demand
Mbalezi is now demanding that the telecommunications company formally admit liability within seven days and compensate him with Ksh 250 million for the alleged losses and damages. The notice warns that failure to respond or comply within the stipulated period will trigger legal proceedings without further notice. The dispute sets the stage for what could become a significant legal test on data privacy, corporate responsibility, and the protection of constitutional rights in Kenya.
