Article 31 of the Kenyan Constitution states that everyone has a right to privacy, which includes protection from arbitrary searches, not to have information relating to their family or private affairs unnecessarily required or revealed and privacy of their communication. This is why it is sometimes difficult to get transcripts of your phone communications without a court order - because the person with whom you are communicating has a right to have their privacy protected.
Despite this right, breach of the privacy rights of individuals still takes place through many platforms especially social media. The argument is that those sending out information have a freedom of expression. Indeed, it is true that one has freedom of expression, but when this freedom injures another person’s right to privacy then it becomes a civil wrong.
