The fight over privacy in Kenya is evolving into a new battlefront.

Although Samuel Maina lost his case against his neighbour, he is one of the Kenyans filing lawsuits over the installation of Closed Circuit Television Cameras (CCTV) without consent or consideration for privacy rights.

Justice Lawrence Mugambi ruled that Maina should have first lodged his complaint with the Office of the Data Protection Commissioner before approaching the court.

“This petition violates the doctrine of exhaustion of remedies,” Justice Mugambi declared, striking out the case.

In 2023, Maina sued his neighbour, Faith Kambi, and landlord, Joseph Mutharia, claiming their CCTV camera, which faced his house, invaded his privacy.

He may have been inspired by a prior ruling where Justice Hedwig Ong’udi ordered Hellen Maeda to uninstall a CCTV camera in a similar case filed by her neighbour, Kennedy Ondieki, in Kilimani, Nairobi—the first such case in Kenya.

Maina, a resident of Ngumba Estate in Kasarani, followed suit. He raised his concerns with Kambi and Mutharia on May 1, 2023, but they ignored him.

On May 11, he reported the issue to Kasarani Stadium Police Station, but no action was taken.

Maina then engaged lawyers, who demanded the camera’s removal or redirection, to no avail.

He argued that in his 11 years at the apartment, there had been no security incidents justifying the camera.

Maina claimed it was angled to monitor his movements, including into his bedroom, violating his family’s privacy.

“The cameras capture my movements up to the corner of my bedroom,” he stated in court papers.

He also noted that his children could no longer play freely in the common area.

While acknowledging Kambi’s right to install CCTV, Maina insisted it should be limited to her property.

He sought a court order to compel Kambi to surrender all recorded data, halt the camera’s use, and prevent Mutharia from evicting him.

Kambi opposed the case, arguing that Maina bypassed the Data Protection Commissioner as required by law.

She also claimed the right to privacy can be waived.

Describing Maina as a troublesome neighbour, Kambi alleged he was quarrelsome and engaged in “evil and criminal activities” against her.

She installed the camera after strangers peered through her window, dropped objects of witchcraft at her door, and spied on her, raising fears for her safety.