Communications service provider, Safaricom Company on Monday provided a Mavoko Law Court with call data after its CEO Bob Collymore was summoned to appear before the court for allegedly withholding the information.
The data had been sought by the court in a case where the slain Mavoko boda boda operator Josephat Mwenda was charged with six counts of traffic offenses in the same court before his abduction.
Mwenda, his lawyer Willie Kimani and taxi driver Joseph Muiruri went missing shortly after attending the same court before they were killed and their bodies found in Oldonyo Sabuk River, Machakos County.
“I had earlier summoned the CEO to today physically appear in court and explain why Safaricom failed to provide the call data as directed by the court. Instead of him coming as expected, the company sent two lawyers with the data on CD citing privacy,” Principal Magistrate Peter Ooko said at a press interview in his chambers.
Ooko said the call data in question was from a specific number that he did not know the owner arguing he had not gone through the information which the court had just been provided with.
“It is a specific number which I do not know the owner, I do not know what is in the call records,” said Ooko.
He said though the information had been provided, the case could not proceed since the accused was dead and therefore not before the court.
Ooko said his summons to Collymore had been taken by the events despite the fact Safaricom failed to comply with a court order issued in April, 2016.
“Even though it is in public domain that the accused is dead, the court needs to confirm with records that he is indeed dead. The court must be provided with his death certificate,” said Ooko.
Safaricom’s lawyer Stephen Kiptines said they were in order to present the data in soft copy.
“Safaricom had been asked for call data records for certain number which we have just provided the court with this morning. Under the evidence act, such information can be submitted either in electronic or hard copy,” said Kiptiness.
He said the company is always willing to give information whenever requested by courts or other relevant authorities.
The case was adjoined to October 3, for the prosecution to provide the court with the accused’s death certificate.