Case Note
Tirito v Murage t/a Murage Juma and Company Advocates
The petitioner alleged that his confidential travel documents had been unlawfully obtained and attached to court papers in an ELC suit, violating his privacy under Article 31 read with the Data Protection Act. The Court struck out the petition on two grounds: the advocate was acting as agent for his client, the actual plaintiff in the ELC suit, and had no personal liability for documents filed in that capacity; and the petition was, in substance, a belated attempt to challenge an evidentiary ruling already made in the ELC matter, dressed up as a constitutional question.
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.