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Case Note

Case Notes & Commentary
ODPC & High Court, Kenya
One ruling, digested on its own — the facts, the holding, and the practice point
[2026] KEHC 3998

An advocate cannot be sued in a data-privacy petition for evidence filed on a client's behalf

Tirito v Murage t/a Murage Juma and Company Advocates

Struck out Case Note Data Protection · Administrative Law
By the Editorial Board, Muchangi Patrick & Associates Advocates

The petitioner alleged that his confidential travel documents had been unlawfully obtained and attached to court papers in an ELC suit, violating his privacy under Article 31 read with the Data Protection Act. The Court struck out the petition on two grounds: the advocate was acting as agent for his client, the actual plaintiff in the ELC suit, and had no personal liability for documents filed in that capacity; and the petition was, in substance, a belated attempt to challenge an evidentiary ruling already made in the ELC matter, dressed up as a constitutional question.

Practice pointAdvocates acting for a client in litigation are not the correct respondents to a privacy petition arising from documents filed on the client's instructions — and courts will treat such petitions as impermissible collateral attacks on the underlying suit.
Cite this page: Muchangi Patrick & Associates Advocates, "An advocate cannot be sued in a data-privacy petition for evidence filed on a client's behalf: Tirito v Murage t/a Murage Juma and Company Advocates" (dataprivacyadvocates.co.ke, 2026) <https://dataprivacyadvocates.co.ke/case-tirito-v-murage-ta-murage-juma-and-company-advoc.html>.
How this touches a live ODPC matter

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.

Related resource

See how your own organisation would score against the same twenty benchmarks the ODPC and the courts test disputes like this one against.

Open the Kenya Data Protection Compliance Checklist →

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