Safaricom, CA deny role in Ojwang’s arrest, reject claims of sharing mobile tracking data
The statements from Safaricom and the CA come against a backdrop of growing public outcry and mounting scrutiny over the use of surveillance and data access in recent cases of abductions and deaths of Kenyan citizens.
Telecommunication company Safaricom and the Communications Authority of Kenya (CA) have denied allegations that they released real-time mobile tracking data that may have been used by authorities to arrest the late Albert Ojwang, terming such claims misleading and unfounded.
The remarks follow accusations made by opposition political leaders, including former public service CS Justin Muturi, who alleged that the two entities were complicit in the controversial arrest and subsequent death of Ojwang.
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“We are also aware that Safaricom is complicit and a facilitator in the tracing and abduction of Kenyans who have either ended up dead or maimed in the hands of police like Albert Ojwang,” Muturi said on Wednesday.
“We want to issue a direct warning that this amounts to aiding and abetting the commission of these crimes against humanity for which Kenyans will hold Safaricom responsible and either take appropriate legal action or boycott their services.”
In response, Safaricom CEO Peter Ndegwa expressed shock and concern over the allegations, while distancing the company from any involvement in Ojwang’s arrest.
No contact
“Safaricom wishes to state the following regarding the allegations: That, at no point, was there any contact between Safaricom and any security agency in investigating or arresting the late Albert. That, we became aware of his arrest through media reports,” Ndegwa said.
“We are therefore concerned and disturbed by the remarks by Hon. Justin Muturi linking us to the unfortunate incident.”
Safaricom urged Kenyans to disregard attempts to incite them and instead stand firm in demanding a thorough, independent investigation into the circumstances surrounding Ojwang’s arrest and death.
“Our ask to all Kenyans is to ignore any attempts to incite them and remain firm in demanding accountability through transparent investigations,” Ndegwa said.
“We also ask our leaders to push for a credible, transparent and timely investigation that will bring the perpetrators to justice and give the family and Kenyans the answers they are looking for.”
Customer privacy
He also reassured the public of the company’s commitment to safeguarding customer privacy.
“We once again send our sincere condolences to the family and friends of the late Albert and wish to reassure all Kenyans that we have always been safe and secure in how we handle their data, and we will continue to do so now and in the future,” he said.
The Communications Authority of Kenya echoed Safaricom’s position in a statement, dismissing as false the claims circulating on social media that it provided location data to law enforcement.
“We note with grave concern the misleading claims on social media platforms alleging that CA provided data on the whereabouts of the deceased to law enforcement. This position is factually erroneous. We categorically distance CA from any involvement whatsoever on this matter,” the CA said.
Real-time location data
The CA clarified that it does not have access to real-time location data of mobile subscribers and does not initiate or participate in operational data use by licensees.
“CA is a regulator and does NOT have access to real-time location data of mobile subscribers. Further, the Authority does not initiate, direct, or participate in the operational use of data held by our licensees,” it added.
CA noted that any request for data from security agencies must be legally sanctioned.
“Any request for data from law enforcement agencies is governed by strict legal provisions that include judicial oversight and is limited to instances where there is a valid court order or lawful request as per the law,” it said.
The authority said it operates under the Kenya Information and Communications Act, 1998, with its role confined to oversight and compliance. Its mandate includes regulating broadcasting, telecommunications, cybersecurity, electronic commerce, postal and courier services, and multimedia.
“While CA is deeply saddened by the death of Mr Ojwang and the circumstances surrounding it, we fully support calls for a transparent and impartial investigation into the matter,” the CA said.
The statements from Safaricom and CA come amid public outcry and intensifying scrutiny over the role of surveillance and data access in recent abductions and deaths of Kenyan citizens.
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