Kenyan citizens have resorted to an unconventional method to verify the authenticity of their Members of Parliament’s (MPs) contact details and ensure direct communication channels.
Kenyans had taken the bold step of sharing MPs’ phone numbers publicly and sending small monetary amounts to confirm their legitimacy. This was driven by frustration over perceived unresponsiveness from their elected representatives. This movement gained traction in the wake of the proposed Finance Bill with Kenyans seeking to pressure their MPs to reject the legislation. Molo MP Kimani Kuria discloses receiving a staggering Sh168,000 from constituents who wanted to validate his contact information, while Mumias East MP Peter Salasya acknowledges receiving Sh40,000 into his mobile money account.
“In a very special way, although these people bridged the Data Protection Act by sharing our numbers with Kenyans, but I also thank the Kenyans who wrote to us through SMS, called us and some of them were generous enough to send us Sh1 and Sh2 and Sh10 to confirm whether our numbers were authentic,” says Kuria.
While the intentions behind this approach may be well-meaning, it raises critical legal and ethical concerns. Under Kenya’s Data Protection Act, personal information should be safeguarded and individuals have the right to control how their data is used. By disseminating MPs’ contact details publicly, Kenyans have inadvertently breached this law, prompting questions about privacy and data protection. Moreover, the acceptance of monetary gifts from constituents by MPs is a contentious issue.
Kenyan laws prohibit legislators from receiving money or gifts from the public, placing MPs like Kuria in a legal dilemma. Attempts to reverse the transactions have proven futile due to the sheer volume of contributions, leaving MPs uncertain about how to handle this unexpected windfall. Meanwhile, the Data Protection Commissioner’s office in Kenya has issued a stern warning to citizens, urging them to refrain from publicly sharing personal information of others without their explicit consent. The office emphasizes that this practice infringes upon the constitutionally enshrined right to privacy, as outlined in Article 31 of the Kenyan Constitution.
The Commissioner’s statement laments instances where individuals’ names, phone numbers, locations, and family details have been disseminated online without their approval, thereby violating the provisions of the Data Protection Act of 2019 and its associated regulations. The office has noted that such unauthorized disclosure of personal data constitutes a breach of privacy and contravenes the legal framework governing data protection in the country. The warning from the Data Protection Commissioner’s office comes in the wake of a concerning trend where a section of internet users have shared sensitive personal details of police officers and elected leaders, purportedly in an attempt to mobilize public opinion and influence the vote on the Finance Bill 2024.
On Tuesday, some online users chose to reveal personal information about police officers believed to have mistreated individuals during peaceful protests. The disclosed data includes the officers’ home addresses, information about their children and other relatives, phone numbers, and workplace locations.
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