On Wednesday, while in Samburu, Public Service Cabinet Secretary Geoffrey Ruku said that civil servants will soon be required to install a government mobile application on their phones to track their whereabouts and work activities. This, he said, is part of a new accountability measure. He said the app will help monitor whether public officers are at their workstations, on leave, attending workshops, or absent during working hours.  It will also record the time they report to and leave their offices, a move aimed at curbing lateness and absenteeism.  

Earlier in the week, the CS had warned that civil servants who report late or fail to show up at their duty stations will be treated as ghost workers.

This comes in the wake of a series of surprise spot checks by CS Ruku to government offices across the country, where he found several offices closed as early as 8 am while citizens waited outside for services. The most recent incident occurred at government offices in Nyeri. In May, staffers at the Rift Valley regional offices in Nakuru who reported late to work were shocked to find that CS Ruku had locked the gates. On June 10, following a similar impromptu visit to the Coast Region National Government Offices in Mombasa, he warned that the government would not relent in taking action against public servants who knowingly hinder service delivery by failing to fulfil their duties. 

The question that now arises is whether the government can legally track its public servants. The short answer is yes; however, this must be within the boundaries established by the Data Protection Act, 2019.

Public servants, like all citizens, have a right to privacy, but this right is balanced with the public interest and the need for transparency and accountability. The Kenyan Constitution and the Data Protection Act, 2019, provide a framework for protecting personal data, including that of public servants. This means that while public servants have a right to privacy, their personal information is subject to specific regulations and limitations, particularly when it relates to their official duties.

A comprehensive privacy policy must be in place that clearly outlines the collection, use, and disclosure of personal information collected. This policy should be communicated to all employees, and training should be provided to ensure understanding and compliance. 

Additionally, when collecting data, it is essential to ensure that only the necessary personal information is collected. Appropriate security measures must be implemented to protect personal information. Employees must be informed about the purposes and uses of their personal information. As part of accountability measures, personnel responsible for ensuring compliance with privacy policies must be designated.

As much as innovation is essential, the government must strike a balance between such accountability measures and privacy rights. There are concerns with the app, such as the amount of data to be collected. Considering that the app will be live, will it be recording the employees’ locations at all times, regardless of whether or not they are carrying out official duties? 

Another concern that arises is implementation, particularly in remote areas where many people lack access to smartphones. Additionally, is now the right time to introduce this measure, given the recent unstable political climate in the country? Kenya has witnessed a surge in state surveillance attempts, especially targeting digital activists, journalists, and protesters. In this context, there are concerns that this is another government effort to ramp up surveillance.