Kenya: Lawsuit concerning unauthorised publication of personal data on digital platforms (Ndung'u and another v Wachira and another / Constitutional Petition E047 of 2025)

Progress

Current status
in force
26 May 2025 in force
21 Feb 2025 under appeal
31 Jan 2025 under deliberation

Scope

Implementers
Kenya
Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
platform intermediary: user-generated content
software provider: other software
Government Branch
judiciary
Government Body
court
Implementation Level
national

Timeline of events

26 May 2025
in force

High Court of Kenya issued ruling in Ndung’u and another v Wachira and another (Constitutional Petition E047 of 2025) striking out petition for failure to exhaust remedies

On 26 May 2025, the High Court of Kenya at Nairobi delivered its ruling in Constitutional Petition E047 of 2025, upholding the Preliminary Objection dated 21 February 2025. The Court found that the petitioners had not exhausted statutory and adminis…

Event type civil lawsuit
Action type ruling
Government branch judiciary
Government body court
21 Feb 2025
under appeal

High Court of Kenya received Preliminary Objection in Ndung’u and another v Wachira and another (Constitutional Petition E047 of 2025) on exhaustion of remedies

On 21 February 2025, the respondents filed a Preliminary Objection arguing that the petition was defective for failure to exhaust remedies under the Data Protection Act (2019), the Media Act (2013), and civil law procedures for defamation and privac…

Event type civil lawsuit
Action type appeal
Government branch judiciary
Government body court
31 Jan 2025
under deliberation

High Court of Kenya received Ndung’u and another v Wachira and another (Constitutional Petition E047 of 2025) concerning unauthorised publication of personal data

On 31 January 2025, the petitioners filed Constitutional Petition E047 of 2025 before the High Court of Kenya at Nairobi, Milimani Law Courts, alleging violation of their rights to privacy and dignity under Articles 28 and 31 of the Constitution ari…

Event type civil lawsuit
Action type announcement
Government branch judiciary
Government body court