Google Kenya battle State in digital privacy suit

Information Technology company Google is locked in a legal battle with the Government over whether to provide electronic mail (email) contents belonging to an alleged hacker.

In a case which will set a precedent on whether the Government push for unfettered access to people’s digital lives is legal or not, the multinational Google Kenya says that it has no relations with the California-based entity.

“Google Kenya has no technical capacity to comply with the order, as Google Kenya has no access to Google LLC servers, services or products,” High Court judge George Odunga was told.

The case stems from the Kenya Revenue Authority (KRA) systems access by an unidentified hacker.

Kenya’s detectives moved to the magistrate’s court seeking orders to force Google to disclose the contents of an email belonging to [email protected], as they suspected it’s the hacker's account.

According to Mohamed Jillo, an investigator who sought the search orders on behalf of KRA, Google ought to allow him to access all the contents relating to the email for investigations.

The case will draw a legal debate on what privacy means and to what extent should the Government snoop into someone’s private emails during investigations.

Jillo, in his application, revealed that the email holder was able to access the computer system and performed tasks which are limited to KRA officers.

The judge heard the magistrate’s court gave the orders without hearing Google Kenya.

“The honorable chief magistrate order is manifestly irrational, unfair, and illegal in so far as it purports to compel the applicant to provide records, both electronic and hard copies, for email address which the applicant does not administer,” the firm argues.

Justice Odunga gave temporary orders stopping the implementation of the lower court’s directive until the case is heard and determined.