The Director of Criminal Investigations (DCI), Mohamed Amin, has denied allegations that detectives are colluding with mobile service providers to conduct unauthorised tracking and monitoring of citizens in Kenya.
This follows a recent exposé in The Nation alleging that state agencies and telecom companies had been accessing call data and location information to track and apprehend suspects without proper authorisation.
Speaking on Wednesday, Amin dismissed the allegations as unfounded, stressing that any data obtained from service providers is acquired through lawful procedures. “We don’t do that, completely,” he asserted.
“If we need information from service providers, we follow lawful procedures. We go to court, swear affidavits, and serve that court order to the service providers.” Amin also clarified that mobile phone data constitutes only a minor part of investigative procedures.
“The mobile phone analysis only contributes to one per cent of our investigations,” he explained, highlighting that the DCI primarily relies on forensic analysis, witness testimony, and other forms of evidence collection. “How were we executing our investigations before the evolution of mobile phones?” he posed.
The revelations have sparked backlash among Kenyan citizens, civil society, and the international community, raising concerns over potential privacy breaches.
U.S. Ambassador to Kenya, Meg Whitman, expressed caution, urging the government to respect privacy rights and uphold democratic principles.
“Privacy and the rule of law are fundamental in democracies,” Whitman remarked, calling for transparency and adherence to legal standards.
This alleged surveillance controversy comes amid growing public scrutiny of police conduct in Kenya, particularly following reports of abductions and killings of young Kenyans who participated in recent protests.
In June, Kenya’s Gen Z population organised nationwide demonstrations against police brutality, economic hardship, and social injustices. While these protests initially drew significant support and attention, reports soon emerged of young demonstrators being abducted, tortured, or, in some cases, killed.
Human rights organisations argue that unauthorised mobile phone surveillance could have been used to track protesters after the events, leading to concerns about overreach and misuse of technology.
Amid these concerns, the National Police Service has faced strong criticism for what many describe as a pattern of excessive force, unauthorised surveillance, and unlawful detentions. Rights groups, activists, and opposition leaders have raised alarms about the lack of accountability within the police service, calling for reforms to ensure citizens’ rights are protected.
The Gen Z protests were seen as a powerful response to the frustrations of Kenya’s youth, who have increasingly felt marginalised by the government’s lack of accountability and economic challenges. Reports of abductions and deaths linked to these protests have only added to the public outcry, with families calling for investigations into alleged police misconduct.
Amin’s reassurances have done little to quell public concern, as calls grow for an independent investigation into the claims of unlawful surveillance.
Analysts and advocacy groups insist that if there is even a possibility of state-sanctioned surveillance, it would signal a significant violation of civil liberties. Several lawmakers have also indicated their intent to pursue legislation that would enhance oversight of surveillance technologies, ensuring any data collection follows strict legal and procedural protocols.
In response to these demands, Amin emphasised that Kenya’s investigative processes continue to prioritise lawful and transparent measures, with oversight mechanisms in place to prevent abuse.
However, critics argue that without independent oversight, such claims of compliance are difficult to verify.
The scandal underscores a growing demand in Kenya for both enhanced privacy protections and police accountability, with citizens pressing for systemic reforms to protect democratic freedoms.
