Case Note
Ouko v Independent Policing Oversight Authority
An applicant sought an order compelling Safaricom to produce his own certified call detail records, to test claims in an affidavit that he had been contacted. The Court confirmed that Section 26(b) of the Data Protection Act already gives a data subject the right to access their own personal data held by a data controller, without needing a court order at all — but dismissed the application because mandamus does not issue where an adequate alternative remedy exists, and the applicant had not shown he had ever actually asked Safaricom for the records and been refused.
Whether you are defending a complaint, appealing a determination, or bringing a privacy claim of your own, the forum you choose and the procedural record you build early usually decide the outcome.
Muchangi Patrick & Co. Advocates represents complainants and respondents before the Office of the Data Protection Commissioner and on appeal, judicial review and constitutional petition before the High Court.