Public Officials’ Privacy Not In The Constitution – Lawyer Paul Mwangi
Lawyer Paul Mwangi has stepped forward to defend Kenyans online after they circulated private phone numbers of Members of Parliament in an attempt to persuade them to reject the contentious Finance Bill, 2024.
This comes after Finance and National Planning Committee Chairman Kuria Kimani tabled the Bill in Parliament on Tuesday evening, with the debate scheduled to begin on Wednesday and last until Thursday.
According to lawyer Mwangi, who appeared on Citizen TV’s JKLive show on Wednesday night, elected public officials cannot sue citizens for disclosing their personal information.
Boniface Mwangi: Our government says they are broke but our President is never in Kenya, he is ever flying. If the President wants to travel for free all over the world, akue air hostess lakini si ukuwe President then you become a tourist. They are saying the government is broke,… pic.twitter.com/GaOe8dwlZG
— Citizen TV Kenya (@citizentvkenya) June 19, 2024
According to the advocate, public officials, including the Head of State, are not permitted by law to live private lives and thus cannot complain about their contacts being circulated by the electorate.
“Public officers have no right to privacy. A public official cannot complain if people circulate his number…the President too. Public officers, a lot of their lives and information are public, and they can’t sue about that,” he stated.
“In more developed nations like in America, you can’t even sue for defamation; you would have to prove that the person is maliciously injuring you. But the fact that I said something defamatory to you, you can’t go to court. And that gives people the space to criticise public officials.”
He added: “The Gen Zs have gone a further step because those who offend them, they’re beginning to track them down to their homes and families and expose them.”
Lawyer Mwangi’s comments come just hours after the government, through the Office of the Data Protection Commissioner (ODPC), warned the public against victimizing people by sharing personal information on social media.
In a statement issued early Wednesday, the ODPC stated that such actions are illegal and warned that those who commit them could face legal consequences.
“In view of the foregoing, the Office wishes to advise members of the public to refrain from further sharing of personal information which infringes on individuals’ rights to privacy,” read the statement in part.
Public Officials’ Privacy Not In The Constitution – Lawyer Paul Mwangi
