The Director of Criminal Investigations (DCI), Mohamed Amin, has denied allegations that detectives are colluding with mobile phone companies to conduct unauthorised tracking and surveillance of citizens.
This follows a recent exposé in the Daily Nation newspaper alleging that state agencies and telecoms companies have been accessing call records and location information to track and arrest suspects without proper authorisation.
Speaking on Wednesday, Amin dismissed the allegations as unfounded, insisting that any data obtained from service providers is obtained through legal processes. “We don’t do that at all,” he claimed.
“If we need information from service providers, we follow lawful procedures. We go to court, swear affidavits and serve the court order on the service providers.”
Amin also clarified that mobile phone data is only a small part of the investigative process.
“Mobile phone analysis contributes to only one per cent of our investigations,” he explained, stressing that the DCI relies primarily on forensic analysis, witness statements and other forms of evidence gathering.
“How did we conduct our investigations before the development of mobile phones?” he asked.
The revelations have sparked a backlash among Kenyan citizens, civil society and the international community over concerns about potential privacy violations.
The US Ambassador to Kenya, Meg Whitman, expressed her concern and urged the government to uphold privacy rights and democratic principles.
“Privacy and the rule of law are fundamental in democracies,” Whitman said, calling for transparency and adherence to legal standards.
The surveillance controversy comes amid increasing public scrutiny of police conduct in Kenya, particularly in light of reports of abductions and killings of young Kenyans involved in recent protests.
In June, the Generation Z demographic organised nationwide demonstrations against police brutality, economic hardship and social injustice.
While these protests attracted considerable attention, subsequent reports detailed incidents of demonstrators being abducted, tortured or killed.
Human rights organisations have raised concerns that unauthorised mobile phone surveillance may have been used to track protesters in the aftermath of these events, highlighting fears of government overreach and misuse of technology.
The National Police Service has been criticised for what many see as a pattern of excessive force, unlawful surveillance and illegal arrests.
Rights groups, activists and opposition leaders have raised alarms about the lack of accountability within the police service and called for reforms to protect citizens’ rights.
The Gen Z protests were seen as a powerful expression of the frustration of Kenya’s youth, who feel increasingly marginalised by the government’s failure to address accountability and economic challenges.
Reports of abductions and deaths linked to the protests have added to public outrage, with families demanding investigations into alleged police misconduct.
Despite Mohamed’s reassurances, public concern remains high, with growing calls for an independent investigation into allegations of unlawful surveillance.
Analysts and advocacy groups claim that any suggestion of state-sanctioned surveillance would be a significant breach of civil liberties. Several lawmakers have expressed their intention to pursue legislation aimed at increasing oversight of surveillance technologies and ensuring that data collection adheres to strict legal and procedural protocols.
In response to these growing calls, Mohamed reiterated that Kenya’s investigative processes are committed to lawful and transparent measures, with mechanisms in place to prevent abuse.
However, critics argue that without independent oversight, claims of compliance are difficult to validate.
