The Communications Authority of Kenya (CA) has issued a statement following claims that it provided location data to the police prior to Albert Ojwang’s death.
In a statement on Wednesday, June 11, CA denied any involvement and clarified the limits of its regulatory mandate.
"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 statement read.
The authority went further to explain its operational boundaries, noting that it does not possess or control real-time location data of mobile phone users.
"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," the statement continued.
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In response to claims about possible cooperation with investigative bodies, CA stated that any lawful request for subscriber data must be within the law.
"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.
"The Authority operates under the Kenya Information and Communications Act, 1998 and is mandated to facilitate the development of the information and communications sectors including broadcasting, cybersecurity, multimedia, telecommunications, electronic commerce, postal and courier services. Our role is confined to oversight and compliance, ensuring that licensees adhere to the prevailing regulatory requirements," the statement concluded.
At the same time, Safaricom CEO Peter Ndegwa has dismissed allegations linking the telecommunications company to the arrest and subsequent death of Ojwang.
Ndegwa denied any interaction between Safaricom and law enforcement agencies concerning Ojwang's arrest.
"We wish 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.
"We became aware of his arrest through media reports. We are therefore concerned and disturbed by the remarks by Justin Muturi linking us to the unfortunate incident," he added.
While presenting the chronology of events before the Senate, Inspector General Douglas Kanja revealed that the police sought the details of an X account with the username Pixelpioneer, which had allegedly published defamatory statements against Deputy Inspector General Eliud Lagat.
“A request was made to the Communications Authority of Kenya in writing to provide registration details and preserve posts associated with X account handles (@Pixelpioneer), which had 13,400 followers and was active. CAK responded with registered details and relevant posts of the account. CA reports linked the posts directly to the identified suspects,” Kanja said.
He added, "Kelvin Moinde provided a statement and disclosed the involvement of four other individuals. One being Albert Ojwang (deceased), Dorcas Mawia, Douglas Marigiri, and Peter Mbugua. He also shared their respective X handles."
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