JUDGMENT OF THE COURT
[1] During the hearing, this appeal was consolidated with Civil Appeal No 167 of 2018 for purposes of hearing and determination as they both arise from the same judgment. The key issues before us for determination are; whether the proposed installation of the device called Mobile Management System (DMS) by the Communications Authority of Kenya (CAK) hereinafter referred variously also as the appellant would herald an error of public control and eavesdropping of peoples’ privacy by intercepting and recording of communication and mobile data; whether the appellant adequately engaged stakeholders or allowed public participation in the design and implementation of DMS; whether the dispute was taken to court prematurely, therefore an hypothetical question and whether the Judge misapprehended the mandate of the appellant.
[2] What triggered the dispute in this appeal was a series of letters by the appellant to the major stakeholders including the mobile network operators…