DCI in Kenya Rejects Allegations of Illicit Surveillance in Partnership with Telecom Companies

Nairobi — The Director of Criminal Investigations (DCI), Mohamed Amin, has firmly denied allegations suggesting that detectives are colluding with mobile service providers to conduct unauthorized tracking and monitoring of citizens. This denial comes in response to a recent exposé published by the Nation, which claimed that state agencies and telecom companies had been accessing call data and location information to track and apprehend suspects without the necessary legal authorization.

In a statement made on Wednesday, Amin described the allegations as unfounded and reiterated that any data obtained from service providers is acquired through lawful channels. “We don’t do that, completely,” he asserted, emphasizing the integrity of their investigative processes. He elaborated that whenever they require information from service providers, they adhere to proper legal procedures, which include obtaining a court order after swearing affidavits. “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 explained.

He further clarified that mobile phone data constitutes only a small portion of their investigative procedures, accounting for just one percent of their total investigations. Amin noted that the DCI primarily relies on forensic analysis, witness testimonies, and other forms of evidence collection, questioning how investigations were conducted before the advent of mobile phones. “How were we executing our investigations before the evolution of mobile phones?” he asked.

The allegations have ignited significant backlash among Kenyan citizens, civil society organizations, and the international community, who have raised concerns about potential breaches of privacy. U.S. Ambassador to Kenya, Meg Whitman, expressed caution regarding the situation, urging the Kenyan government to respect privacy rights and uphold democratic principles. “Privacy and rule of law are fundamental in democracies,” she remarked, emphasizing the need for transparency and adherence to legal standards.

This controversy over alleged surveillance arises amid increasing public scrutiny of police conduct in Kenya, particularly following disturbing reports of abductions and killings of young individuals involved in recent protests. In June, Kenya’s Gen Z population organized nationwide demonstrations against police brutality, economic hardships, and social injustices. These protests initially garnered significant support but were soon marred by reports of young demonstrators being abducted, tortured, or even killed.

Human rights organizations have voiced concerns that unauthorized mobile phone surveillance may have been employed to track protesters following these events, further exacerbating worries about the potential for governmental overreach and the misuse of technology. Amid these growing concerns, the National Police Service has faced intense criticism for what many perceive as a pattern of excessive force, unauthorized 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 the protection of citizen rights.

The protests led by the Gen Z demographic were seen as a powerful reaction to the frustrations of Kenya’s youth, who feel increasingly marginalized by the government’s lack of accountability and the prevailing economic challenges. Reports of abductions and deaths linked to these protests have only intensified public outcry, with families demanding thorough investigations into alleged police misconduct.

Despite Amin’s reassurances, public concern persists, with growing calls for an independent investigation into the allegations of unlawful surveillance. Analysts and advocacy groups assert that even the possibility of state-sanctioned surveillance would represent a grave violation of civil liberties. Several lawmakers have also indicated their intent to pursue legislation aimed at enhancing oversight of surveillance technologies, ensuring that any data collection strictly adheres to legal and procedural protocols.

In light of these demands, Amin has stressed that Kenya’s investigative processes continue to prioritize lawful and transparent measures, with mechanisms in place to prevent abuses. However, critics argue that without independent oversight, verifying claims of compliance remains a significant challenge.

This scandal underscores a burgeoning demand in Kenya for enhanced privacy protections and greater accountability within the police force, as citizens increasingly advocate for systemic reforms designed to safeguard democratic freedoms. The call for reform reflects a broader concern about civil liberties and the role of technology in policing, prompting discussions on the need for a balanced approach that respects individual rights while ensuring public safety.