26 February 2026:
The High Court of Kenya has issued conservatory orders barring the Directorate of Criminal Investigations (DCI) from sharing or publishing the personal data of a student from Moi University, pending the hearing and determination of a constitutional petition.
The High Court of Kenya has issued conservatory orders barring the Directorate of Criminal Investigations (DCI) from sharing or publishing the personal data of a student from Moi University, pending the hearing and determination of a constitutional petition.
The ruling follows a legal challenge filed by the student, who argued that the release and circulation of his personal information violated his constitutional rights to privacy, dignity, and fair administrative action.
📌 The Court’s Decision
In its interim orders, the High Court directed the DCI to:
- Refrain from sharing, publishing, or disseminating the student’s personal data
- Preserve all relevant records pending the court’s determination
- Respect constitutional safeguards on privacy and due process
The judge emphasized that even in matters involving criminal investigations, state agencies must operate within constitutional limits and ensure that the rights of individuals are protected.
🔍 Background to the Case
The case stems from investigations reportedly linked to alleged cyber-related activities. The student moved to court claiming that investigative authorities had either released or intended to release sensitive personal details publicly, exposing him to reputational harm and potential security risks.
Through his legal team, the petitioner argued that:
🔍 Background to the Case
The case stems from investigations reportedly linked to alleged cyber-related activities. The student moved to court claiming that investigative authorities had either released or intended to release sensitive personal details publicly, exposing him to reputational harm and potential security risks.
Through his legal team, the petitioner argued that:
- No formal charges had been concluded at the time of the alleged disclosure
- Public exposure would amount to trial by media
- His academic standing and future career prospects were at risk
The DCI, on its part, maintains that it operates within the law while carrying out criminal investigations but will comply with the court’s directives.
🧾 Constitutional Implications
Legal experts say the ruling reinforces Article 31 of Kenya’s Constitution, which guarantees the right to privacy, including protection against unnecessary revelation of personal information.
The case also highlights the delicate balance between:
🧾 Constitutional Implications
Legal experts say the ruling reinforces Article 31 of Kenya’s Constitution, which guarantees the right to privacy, including protection against unnecessary revelation of personal information.
The case also highlights the delicate balance between:
- National security and law enforcement duties
- Protection of digital and personal data
- Presumption of innocence before conviction
Observers note that in the digital age, where information spreads rapidly through social media, premature disclosure of personal details can cause irreversible damage.
🏛️ What Happens Next?
The matter will proceed to a full hearing where the court will determine whether the student’s constitutional rights were violated and whether further remedies, including damages or permanent injunctions, may be issued.
For now, the conservatory orders remain in force — marking another significant judicial statement on privacy rights and investigative accountability in Kenya
🏛️ What Happens Next?
The matter will proceed to a full hearing where the court will determine whether the student’s constitutional rights were violated and whether further remedies, including damages or permanent injunctions, may be issued.
For now, the conservatory orders remain in force — marking another significant judicial statement on privacy rights and investigative accountability in Kenya
