By Timothy Onyango

[Nairobi, September 20, 2024] The Daystar University School of Law emerged winner in the just-ended Unwanted Witness Privacy Moot Court Competition which it also hosted at its Nairobi Campus. Daystar University was represented by Buke Halkano, Stacey Maina and Wycliff Kamau (Coordinator).

The Africa Nazarene University emerged as 1st Runners Up, represented by Vincent Mbaluka, Anthony Makau and Yusuf Osiemo (Coordinator).

The Catholic University of East Africa won the Best Written Submission (Respondent), while King Ceasor University of Uganda won the Best Written Submission (Applicant). The Uganda Christian University won the Best Oralist category, represented by Stacey Angel Nandawula.  

The 3rd annual Unwanted Witness Privacy Moot Court Competition began with a Pre-Moot Conference on 12th and 13th September 2024. 

The event was organized in collaboration with Unwanted Witness, a Ugandan NGO, Kenyan Section of the International Commission of Jurists (ICJ-Kenya), and AF Mpanga, the Islamic University of Uganda (IUIU), and William-Flora Hewlett Foundation (HF).

The Unwanted Witness Privacy Moot Court Competition, is an annual inter-university event organized by Unwanted Witness, aimed at steering legal discourse towards data protection and privacy within electoral processes.

This year’s, moot emphasized the significance of safeguarding voter personal data with a view to maintaining the integrity of elections and fortifying democratic principles.

The theme of the 2024 moot competition was Safeguarding Electoral Integrity: Upholding Voter Privacy in Democratic Processes.” It reflected the pressing need to prioritize voter privacy in democratic systems.

The 3rd Unwanted Witness Privacy Moot Court Competition 2024 focused on several key legal issues:

• How the utilization of biometric technology in voter registration and authentication infringe upon citizens’ right to privacy and how the collection and storage of biometric data align with existing data protection laws and international privacy standards?
• What measures are in place to ensure the security and confidentiality of the collected biometric data? Are there safeguards against potential data breaches or misuse by unauthorized parties?
• Do election management bodies and associated political entities adhere to fair and lawful practices in accessing and utilizing voters’ personal data? Are there mechanisms in place to prevent exploitation or manipulation of such data for political gain? 
• What regulatory framework or oversight mechanisms exist to hold the Electoral Commission and collaborating entities accountable for maintaining ethical standards of data usage? Is there transparency in how the data is accessed and utilized by various stakeholders? 

The Pre-moot conference and competition attracted students from different university including Daystar University, The African Nazarene University and different stakeholders in the legal system in Kenya.

The pre-moot conference was graced by Mr. Manwa Hosea who represented the President of the Law Society of Kenya, Daystar University Vice Chancellor, Prof. Laban Ayiro, the Dean, Daystar University School of Law Dr. Maurice Awuor, and Mrs. Julie Matheka representing the International Commission of Jurists (ICJ-Kenya), among other key dignitaries in the legal profession.

In his welcoming remarks, Prof. Ayiro expressed the hope that the moot competition would expose the participating teams and individuals to various legal issues, enable young legal minds to explore and grow, and sensitize Law students about who they are, thereby enabling them to network and gain a sense of professionalism.

“This moot competition is of strategic value to Daystar University and my Law students. We have deliberately put our School of Law in the path to make them great,” said the VC, further revealing that Daystar University was building an ultra-modern School of Law Complex at the Main Campus Athi River.

Speaking on behalf of the President of the Law Society of Kenya Ms. Faith Odhiambo, Mr. Manwa Hosea said that the best advocates are those who can work with others to compile compelling cases. He noted that the use of technology in elections can be a double-edged sword, contributing to enhanced security on the one hand, but potentially enabling surveillance and profiling of citizens on the other hand, thereby turning the fundamental right to vote into a risky endeavor. He was categorical that voters’ personal data must be protected at all cost.

On his part, the Dean, Daystar University School of Law Dr. Maurice Awuor, appreciated the partnership between Daystar University School of Law and Unwanted Witness in organizing the Moot Competition. He noted that the moot competition will enable Law students to horn their research and litigation skills in the area of data protection.

He also mentioned that the School of Law is very vibrant and ambitious, citing Daystar’s achievement in All-Africa Moot Court Competition that was held in Kigali, Rwanda, from 22nd to 27th July 2024, where the Daystar University team emerged fourth out of 54 teams from Africa. Dr. Owuor confidently stated that the Daystar University Law students were not only grounded in theory and practice, but also in Christian values.

The opening ceremony culminated with an interactive panel discussion featuring Evans Oguda, David Mburu, Dr. Mugambi Laibuta, Ruth Maguthu, Oscar Otieno and Gathoni Ngaruiya, and moderated by Luciana Thuo. The topic of discussion was "Safeguarding Electoral Integrity: Upholding Voter Privacy in Democratic Processes.

The moot conference and competition was coordinated by Ayub Okayo, a Lecturer in the Daystar University School of Law.