Free Reads Kenyan Court Kills ‘Rogue Employee’ Defence In Landmark Data Breach Ruling By Staff Reporter  |  May 19, 2026 A Kenyan High Court ruling that ordered Safaricom to pay KES 9.9 M (USD 76 K) for a massive data breach has effectively killed the “rogue employee” defence, placing corporate Africa on notice that constitutional privacy obligations cannot be outsourced or delegated. In a judgment delivered on May 13, Justice Bahati Mwamuye of the Constitutional and Human Rights Division found that the telecoms giant violated the rights of 11 subscribers whose personal and financial data, including betting histories, M-Pesa transaction records and geolocation information, was extracted by employees and sold to betting companies including Odibets between 2018 and 2019. The breach compromised information belonging to more than 11.5 million subscribers, making it one of the largest known violations of subscriber privacy on the African continent. Safaricom’s defence rested on what had previously been a reliable…