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 wwarui@gmail.com 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.
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.
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