At the Milimani courts today, the Office of the Director of Public Prosecutions (ODPP) requested to retain the mobile phones of 23 Kenyans arrested during the anti-abduction protests held in Nairobi yesterday.
In its written request, the ODPP stated it needed help from the Communication Authority of Kenya (CA) in extracting data from the seized mobile phones. Part of the statement from the ODPP read,
“THAT, the mobile phones of the suspects need to be taken to Communication Authority of Kenya to extract WhatsApp, Facebook and X messages and photographs taken that are inciting members of the public against the state.”
Read: Can Communications Authority of Kenya and NCIC Monitor WhatsApp Groups for “Hate Speech”?
Further in order to build a case against the 23, who include Busia Senator Okiya Omtatah, the ODPP would like the nearby business establishments (Java and Naivas) to share CCTV footage.
This request has left many Kenyans wondering what capacity the CA has to mine citizens’ communications on WhatsApp, Facebook, and X. It’s unclear what tool or mechanism the CA will use to help the ODPP in its quest to build a case. Further, WhatsApp and Facebook Messenger, the Meta owned platforms are end to end encrypted apps.
READ: Kenyans Fear Government Surveillance as Regulator Implements Phone Monitoring System
The request further comes at a time when the communications regulator is proposing increased surveillance of cyber cafes to help government monitor Kenyans activities. It also comes at the end of an year Kenyans harbor fears their phone data has been used to track and abduct them.
