The Opposition now wants Kenyans to hold President William Ruto personally responsible for the police phone spying that has been linked to the tracking and subsequent abduction of government critics.

In the past two days, the media has been awash with information on how Kenya’s telecommunication companies are allegedly sharing the personal data of people of interest with police agencies to track their movements.

Led by Wiper Party leader Kalonzo Musyoka, the leaders condemned the alleged police spying aided by communication companies that they claimed was intended to perpetuate State-sponsored abductions, hijackings, and extrajudicial killings.

Police state

They faulted Ruto, accusing him of dismissing information about police abductions as fake news and propaganda and saying this is hurting our nation.

“We want to make it clear to Mr Ruto that it is his ill-thought-out efforts to revert Kenya to a police state that are hurting the nation. The buck stops with him,” Kalonzo said.

“Mr Ruto should resign with immediate effect for violating his oath of office to be faithful and bear true allegiance to the public of Kenya, and that he would obey, preserve and protect [the Constitution].”

The Opposition also listed National Intelligence Service boss Noordin Haji, Director of Criminal Investigations Mohammed Amin, the Anti-Terrorism Police Unit chief Said Kiprotich, Serious Crimes Unity head Michael Sang, State House Deputy National Security Adviser Joseph Boinnet, and Crime Research Intelligence Bureau chief John Onyango as those who should be held criminally responsible for violating the rights of Kenyans. “Their immediate superiors, the Inspector General of the Police Service [Douglas Kanja] and the minister for Interior and National Administration [Kithure Kindiki] should be held accountable for overseeing a service that has gone rogue, with a focus on serving the interests of a few political elites at the expense of Kenyan security,” Kalonzo added.

The Azimio la Umoja co-principal cited the right to privacy enshrined in the Data Protection Act, which requires organisations to obtain consent from individuals before collecting, using, or disclosing their personal information.

Private data

He criticised telcos for unlawfully disclosing private data in their possession to the police without the knowledge of their customers.

“The Act also gives individuals the right to access, correct, and delete their personal information. The law applies to data controllers and processors, including government agencies, internet service providers, and supermarkets,” he stated.

He went on: “We condemn all telecommunications companies, including Safaricom, Airtel, and Telkom Kenya, as well as any mobile network operators, for illegally providing location records and data to security agents. Please be aware that you, too, will be held criminally culpable and responsible for Kenyan harassment, abduction, and extrajudicial killings.”

Kalonzo linked the recent arrest of human activist Boniface Mwangi and the disappearance of Maverick Aoko, who is suspected to have been kidnapped from her house to the sharing of phone information between the companies and police.

“The significant increase in arbitrary arrests, enforced disappearances, torture, and extrajudicial killings should deeply concern not only law-abiding Kenyans but also the … world and our development partners,” he emphasised.

The Opposition also raised concerns about taxpayer-funded mortuaries in Thika and Nairobi seeking court orders to dispose of 201 unclaimed bodies that the police have dropped off in the past year.

These actions, it said, had tainted the government’s image.

International human rights groups, including the Independent Medico-Legal Unit and the World Organisation Against Torture, have also condemned gross human rights violations in Kenya that amount to a breach of global treaties that the country has ratified.

Among key figures who have reacted to the police phone spying saga is the US ambassador to Kenya, Meg Whitman, who said that privacy laws and the rule of law need to be respected in democracies.

Safaricom, Kenya’s largest telecommunication company, said it is dedicated to safeguarding customer data across its GSM and M-Pesa service, explaining that it was awarded the highest certification in privacy information system management.

“It confirms that the company adheres to globally accepted regulatory and technical standards,” Safaricom said.

For its part, Telkom said it adheres to existing laws when processing customer data, adding that it will only proceed to share customer information with law enforcement agencies on the strength of a court order.