A decision on whether or not to reveal details of a case filed confidentially by President Uhuru Kenyatta’s lawyers against the two leading mobile telephone companies in Kenya will be delivered on Friday.
Justice Isaac Lenaola will decide on a petition by Kenyans for Peace with Truth and Justice seeking to have the court open up the proceedings to public after Mr Kenyatta’s lawyers filed confidential lawsuits. They had sought access to telephone calls, short text message logs and mobile money transactions from an unspecified number of people, some of whom were thought to be witnesses in Mr Kenyatta’s crimes against humanity case at the International Criminal Court. The ICC case was withdrawn in December 2014 because the prosecutor could not find additional evidence to proceed to trial.
KPTJ sought to orders to compel the High Court to make public information on confidential cases filed by Mr Kenyatta’s lawyer, Mr Stephen Kay, against mobile phone operators Safaricom and Airtel. KPTJ filed a Freedom of Information request under Article 35 of the Constitution against Safaricom and Airtel regarding the request for access to the mobile networks’ data in relation to the ICC proceedings.
