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Google wins order against email search in battle with KRA

odunga

Justice George Odunga. FILE PHOTO | NMG

The High Court has stopped the Kenya Revenue Authority (KRA) from investigating Google Kenya following allegations that an unauthorised Gmail account was used to access the taxman’s computer systems.

Justice George Odunga issued the temporary reprieve in a case in which Google Kenya challenged an order issued by a Magistrate’s Court permitting KRA to carry out its probe.

“The grant of leave acts as a stay of enforcement and or execution of the decision of the Milimani Magistrate court made on January 9 following a request by KRA’s DCI unit against Google Incorporation,” said Justice Odunga. The dispute arose when investigating officer Mohammed Jillo attached at KRA’s DCI unit sought a warrant to investigate Google Kenya.

He told the court that an offence of unauthorised access to KRA’s computer system was booked at Railway police station on January 2.

He alleged that email address [email protected] is the one which was used to access KRA computer system and performed a task of an authorised officer hence infringed on the information security of KRA.

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He told the Magistrate court that KRA’s information security is at stake because of the unauthorised access into its systems while seeking the warrant to investigate the said gmail account.

He also said he wanted to check information and documents relating to that account.Even though the order was issued since the matter was considered as urgent, in the case documents before the Magistrate court, the investigation officer had indicated parties in the case as KRA DCI unit Vs Google Inc/Google Kenya.

It is for this reason that Google Kenya opted to move to the High Court to challenge the order issued saying that the investigating officers needed to specify who they are targeting in their probe between Google Inc and Google Kenya.

The case will come up on March 20 for further directions.