Kenyan-Canadian Software Developer Faces Passport Cancellation Amid Legal Battle Over Spy Software Deal

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Mary Wachuka Maina, a dual Kenyan-Canadian citizen and software engineer, has found herself at the center of a high-stakes controversy involving a failed government contract for a sophisticated surveillance and propaganda software system. The Canada-based CEO of Jipe Inc. claims her Kenyan passport was unexpectedly marked as "cancelled" in the Immigration Department's systems, preventing her from traveling. This development follows her ongoing lawsuit against senior aides of President William Ruto, whom she accuses of breaching a multimillion-shilling contract for the development of a digital tool intended to manage government communications and monitor critics.

Maina alleges that the cancellation of her passport is a deliberate attempt to pressure her into dropping her legal action against four prominent figures: Head of Public Service Felix Koskei, Treasury Principal Secretary Chris Kiptoo, businessman Jayesh Saini, and Eric Ng'eno, President Ruto's speechwriter. The lawsuit, filed at the Milimani High Court in Nairobi, centers on a Sh123 million deal for a software platform developed by Jipe Inc., which Maina claims was meant to enhance the Kenya Kwanza administration's digital strategy, including managing social media accounts of the President and his deputy, predicting critical media coverage, and surveilling journalists and opposition figures.

The controversy began in November 2023, when Maina met Ng'eno at Moxxies Restaurant in Kilimani, Nairobi. According to court documents, Ng'eno, acting as an emissary for the President, tasked Maina with creating a "confidential software" to streamline government messaging and support Ruto's 2027 re-election campaign. The software was purportedly designed to delete negative comments on social media, conduct psychometric profiling, and counter critical media narratives. Maina alleges that subsequent meetings with Ng'eno and Saini, described as a key financier, solidified the deal, with assurances of funding from confidential government accounts.

To fulfill the contract, Maina subcontracted a U.S.-based firm, Texos, paying an initial Sh60 million for their services. However, she claims the Kenyan government failed to honor its financial commitments, leaving her to cover additional penalties of Sh123 million after Texos sued her in a U.S. court for breach of contract. Now seeking Sh292 million in damages from the Kenyan government, Maina argues that the non-payment and subsequent harassment are attempts to silence her and protect state secrets.

Maina's troubles escalated when she discovered her passport was marked as cancelled while attempting to travel from Canada. Her lawyer, Senior Counsel Paul Muite, confirmed that a government insider revealed the cancellation was intentional, though no official reason was provided. Muite described the move as a "clear violation" of Maina's rights, suggesting it was an effort to intimidate her into abandoning the lawsuit. Maina also shared a screenshot from the Immigration Department's systems, which showed her passport marked in red as cancelled, reinforcing her claims of targeted retaliation.

Further complicating the saga, Maina has reported receiving death threats via email and text messages, some extending to her parents in Kenya. One chilling message, received on July 26, 2024, read, "Jackie Maina, beware, we will kill you," accusing her of attempting to "destroy" the country. Additionally, Maina claims a Kenyan telecommunications company threatened to deregister her SIM card unless she disclosed her whereabouts, an action she believes is linked to the broader campaign against her.

The defendants, including Koskei, Kiptoo, and Attorney General Dorcas Oduor, have denied any involvement in the alleged contract or software project. In a joint response, they described Maina's claims as "baseless" and argued that the software's alleged functions violate Kenya's Constitution and data protection laws. They assert they never met Maina or authorized the project, urging the court to dismiss the case. Ng'eno and Saini have similarly distanced themselves, with Ng'eno denying any directive from the President to engage Maina.

The case has sparked significant public concern, raising questions about the use of public funds for political surveillance and the transparency of government contracts. Critics argue that the software, if developed, could have been used to manipulate public opinion and suppress dissent, drawing comparisons to dystopian surveillance tactics. Maina's allegations also highlight internal power struggles within the Ruto administration, with court filings revealing tensions over communication strategies and the influence of figures like Saini.

As the legal battle unfolds, Maina remains in Canada, unable to travel due to her passport's status. Her legal team is preparing to file a formal complaint over the passport cancellation, seeking redress in court. The case is expected to draw further scrutiny to the government's digital strategies and the ethical implications of using technology for political gain. Maina, undeterred, insists her fight is not just about financial compensation but about exposing the truth and upholding justice.