In a replying affidavit filed at the Employment and Labour Relations Court in Nairobi, Safaricom said the data was accessed and used during internal investigations linked to allegations of conflict of interest, abuse of office, improper dealings with vendors and unexplained financial transfers involving individuals associated with agencies and contractors engaged by the company.
The affidavit was sworn by Odhiambo Ooko, Safaricom’s Chapter Lead for Employee and Labour Relations.
According to the affidavit, the company used the petitioners’ personal data and transaction records for internal investigations, disciplinary proceedings, compliance reviews, fraud prevention, preservation of evidence, legal compliance and the protection of Safaricom’s legitimate interests.
The admission has now become the centre of the dispute, with the former employees arguing that Safaricom exceeded the limits allowed under privacy and data protection laws.
The petitioners claim that the company unlawfully accessed and used sensitive personal information without proper consent or legal justification, exposing them to violations of their constitutional right to privacy.
Safaricom, however, has denied any wrongdoing, insisting that the information was handled lawfully, internally and only by authorised personnel.
The company told the court that access to the data was restricted to departments, officers and professional advisers directly involved in investigations, litigation management, regulatory compliance and related legal processes.
Safaricom further argued that the investigations were necessary to safeguard the company’s operations and ensure accountability within its workforce and business relationships.
The telco maintained that the use of the information fell within lawful exceptions under applicable laws governing employment relations, fraud prevention and corporate compliance obligations.
The former employees are seeking legal redress, arguing that the company violated their privacy rights by accessing and processing personal and financial information beyond what was necessary for internal disciplinary and compliance processes.