Case Note
Chege v Sholei
A petitioner alleged her private phone messages had been accessed without authorisation and used as evidence in a separate Succession Cause, in breach of Article 31. The Court held the real dispute was the admissibility of that evidence in the Succession Cause — a question for the Succession Court, by appeal or review, not a fresh constitutional petition running in parallel. Allowing the petition to proceed would have undermined the finality of the Succession proceedings by attacking them collaterally.
Whether you are defending a complaint, appealing a determination, or bringing a privacy claim of your own, the forum you choose and the procedural record you build early usually decide the outcome.
Muchangi Patrick & Associates Advocates represents complainants and respondents before the Office of the Data Protection Commissioner and on appeal, judicial review and constitutional petition before the High Court.
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