Kenyan-Canadian Tech Founder Barred From Entering Kenya Amid Sh292M Lawsuit Against State

Mary Wachuka Maina, a Kenyan-Canadian software developer and founder of Jipe Inc., is currently embroiled in a legal dispute.

She alleges that her Kenyan passport was cancelled as part of an intimidation campaign designed to derail her lawsuit against senior officials within President William Ruto’s administration. The lawsuit stems from a failed government contract valued at Sh123 million. Maina alleges that she discovered the cancellation while attempting to travel from a Canadian airport last week. 

She views the travel restriction as an attempt by state actors to pressure her into abandoning her legal claims. Her lawyer, Senior Counsel Paul Muite, has described the action as a constitutional violation, asserting that it occurred without formal notice or justification.

The Immigration Department denies any wrongdoing in the matter. Principal Secretary Belio Kipsang has stated that Maina's passport is not subject to any restrictions and that she is free to travel. However, Maina has presented a screenshot purportedly from the department’s internal system that shows her passport flagged as cancelled, a detail she says was provided by a civil service insider.

The legal dispute originated in November 2023, when Maina claims Eric Ng’eno, President Ruto’s speechwriter and secretary for policy messaging, approached her at a Nairobi restaurant. Court filings allege that Ng’eno conveyed a directive from the President to develop a confidential software platform intended to manage strategic communications, counter online criticism, and conduct surveillance on opposition figures. 

The system, code-named “Numera 2023,” was reportedly intended to include psychometric profiling tools, comment deletion capabilities, and predictive analytics for media coverage, ostensibly to support the President’s 2027 re-election strategy. Maina asserts that she was assured the project would be funded through confidential government channels and that she was introduced to businessman Jayesh Saini, identified as a financier for the initiative. 

She then subcontracted the development work to Texos, a US-based tech firm, paying an upfront fee of Sh60 million. However, the Kenyan government allegedly failed to honour its financial commitments, leading Texos to sue Maina in a US court, where they won damages of Sh123 million. Faced with potential financial ruin, Maina is now seeking Sh292 million in compensation from the Kenyan government, citing breach of contract, reputational damage, and personal threats.

The lawsuit, filed at the Milimani High Court in Nairobi, names Head of Public Service Felix Koskei, Treasury Principal Secretary Chris Kiptoo, Ng’eno, and Saini as defendants. All defendants have denied the allegations. Koskei and Kiptoo, in a joint response, said they had never met Maina and dismissed the software proposal as unconstitutional and illegal under Kenya’s data protection laws. Ng’eno admitted to meeting Maina but claimed the interaction was informal and that he rejected the proposal upon realising its legal implications. Saini has called the suit "baseless and full of lies."

Beyond the courtroom, Maina alleges a pattern of harassment aimed at silencing her. She claims to have received death threats via email and text messages, with some targeting her mother in Kenya. One message reportedly warned, “Jackie Maina, beware, we will kill you,” accusing her of attempting to "destroy" the country. Additionally, she reports that a Kenyan telecommunications firm threatened to deregister her SIM card unless she disclosed her current location—a demand she believes was orchestrated by government actors seeking leverage in the case.

Court documents suggest tensions between key figures, including accusations that Denis Itumbi, a prominent digital strategist, had "hijacked" the government’s messaging apparatus. The involvement of Saini, described in filings as a "regime financier," adds complexity, suggesting that private interests may have played a role in shaping the administration’s communication strategy.

Maina’s legal team argues that the affair reflects a broader pattern of “state capture of technology for political ends.” In the meantime, Maina is currently barred from entering Kenya, her passport status unresolved, and her legal battle ongoing.