Exclusive: How Kenyan police use mobile phones to track, capture suspects
According to court documents seen by the Nation, Safaricom provided call data records for two phone numbers allegedly used by Trevor Ndwiga. However, the records provided were incomplete and did not cover the crucial period when he went missing.
Location data is also used by security agencies to track suspects. In a separate case, involving the disappearance of Diana Ndinda Mutia, Safaricom provided location data that showed her phone signal in different parts of Nairobi, including in Lang’ata, close to Wilson Airport, where anti-terror police are known to have a base.
Despite this evidence, the Kenyan state has failed to locate the missing persons or hold the security agents involved accountable.
The findings of this investigation raise serious concerns about the abuse of call data records and location data by Kenya’s security agencies, as well as the complicity of telecom companies in enabling these violations of privacy rights. It also highlights the need for stronger safeguards to protect the privacy and rights of mobile phone users in the country.
Conclusion
As technology continues to advance, the protection of personal data and privacy rights becomes increasingly important. The revelations of widespread access to call data records and location data by Kenya’s security agencies without proper oversight or accountability should be a wake-up call for both the government and telecom companies.
There is a pressing need for stricter regulations to ensure that the rights of individuals are not violated in the name of national security. Safeguards must be put in place to prevent the misuse of sensitive data and to hold those responsible for violating privacy rights to account.
It is crucial for the government, telecom companies, and civil society to work together to establish clear guidelines and protocols for the handling of call data records and location data, to protect the privacy and rights of all citizens. Only through transparency, accountability, and respect for privacy can trust be maintained in the digital age.
Given the inconsistencies in the call records presented in court in Ndwiga’s case and the past case of Samuel Dong Luk and Idri Aggrey, it is clear that there are serious concerns about the reliability of Safaricom’s data. The potential for manipulation or fabrication of evidence raises questions about the integrity of the legal process and the protection of human rights.
Ndwiga’s defence counsel has filed a habeas corpus petition to establish his whereabouts and challenge the evidence presented in court. The discrepancies in the call records raise doubts about the accuracy and reliability of the information used to incriminate him.
It is crucial that the court thoroughly examines the evidence and ensures that Ndwiga’s rights are protected throughout the legal process. The case highlights the importance of transparency and accountability in the use of telecommunications data for law enforcement purposes.
As the legal proceedings continue, it is essential that safeguards are put in place to prevent any potential misuse of telecommunications data and to uphold the rule of law. Ndwiga’s case serves as a reminder of the need for robust oversight and scrutiny of the practices of telecommunications companies and law enforcement agencies to protect the rights of individuals and ensure a fair and just legal system.
A significant portion of Safaricom’s shares, specifically 25 per cent, are freely traded on the Nairobi Securities Exchange (NSE). This level of free float indicates a certain level of liquidity and investor interest in the telecommunications company.
The disclosure of GCHQ’s direct access to citizens’ communications in the UK led to a legal battle at the European Court of Human Rights, which ultimately deemed bulk interception of communications unlawful in 2020. This revelation sparked concerns about privacy and surveillance practices.
Despite multiple requests for comments, Vodafone remained silent on the issues surrounding Safaricom and the potential irregularities in its operations. The lack of transparency raised further questions about the company’s practices and accountability.
In 2016, Neural Technologies expressed interest in offering solutions to assist Kenyan law enforcement in utilizing telecommunications data to combat criminal networks. This partnership between Safaricom and Neural Technologies aimed to enhance the capabilities of the police in tracking and apprehending suspects.
One of the tools developed, dubbed ‘Find My Friends,’ allowed law enforcement officers to predictively profile individuals based on their movements and associations. By analyzing mobile phone data and mapping out patterns, law enforcement could proactively identify potential suspects for further investigation.
The use of predictive profiling tools in law enforcement has raised concerns about privacy, bias, and human rights violations in other jurisdictions. The lack of regulation around the export of such technologies for law enforcement purposes poses risks to individuals’ rights and freedoms.
The live-tracking capabilities within Safaricom’s network, as confirmed by police officers, enable authorities to monitor individuals’ locations based on base station data. This real-time surveillance raises questions about privacy and the legality of accessing sensitive customer information without proper authorization.
The potential implications of utilizing predictive policing and profiling systems in Kenya, given the authorities’ history of human rights abuses, are alarming. Critics argue that such practices could lead to arbitrary targeting of individuals and violate constitutional rights.
The collaboration between UK intelligence agencies and Kenyan authorities in tracking and identifying targets underscores the interconnected nature of global surveillance networks. The role of technology companies like Vodafone and Neural Technologies in facilitating such operations raises ethical and legal concerns.
The need for transparency, accountability, and respect for human rights in the use of telecommunications data for law enforcement purposes is paramount. Safeguarding against potential abuses and ensuring legal safeguards in accessing sensitive information are essential to upholding democratic principles. The world of technology is constantly evolving, with new advancements and innovations being made every day. From artificial intelligence to virtual reality, there are countless ways in which technology is shaping the way we live and work. One of the most exciting developments in recent years is the rise of 5G technology.
5G technology is the fifth generation of wireless technology, and it promises to bring faster speeds, lower latency, and more reliable connections than ever before. With 5G, users will be able to download movies in seconds, stream high-definition video without buffering, and connect more devices to the internet at once.
But 5G is about more than just faster speeds. It has the potential to revolutionize industries ranging from healthcare to transportation. For example, in healthcare, 5G could enable remote surgeries and telemedicine consultations, allowing patients to receive care from anywhere in the world. In transportation, 5G could power self-driving cars and smart traffic systems, reducing accidents and congestion on the roads.
However, the rollout of 5G technology is not without its challenges. One of the main concerns surrounding 5G is its impact on the environment. The increased energy consumption required to power 5G networks could have a negative impact on the environment, leading to increased carbon emissions and pollution.
There are also concerns about the potential health effects of 5G radiation. While the World Health Organization has stated that there is no evidence to suggest that 5G technology poses a health risk, some people remain skeptical and worry about the long-term effects of exposure to 5G radiation.
Despite these challenges, the benefits of 5G technology are clear. From improved connectivity to new opportunities for innovation, 5G has the potential to transform the way we live and work. As the rollout of 5G continues around the world, it will be interesting to see how this technology shapes our future and what new possibilities it will bring.
