Tracker / Kenya / 2026 / Africa International University
§ Tracker · Kenya · High Court · 2026

Muthoni v Africa International University

Preliminary objection dismissed; enforcement of the odpc determination held in abeyance pending the respondent's appeal. High Court, 16 February 2026.

Record ID
ke-high-court-2026-0001
Case reference
Miscellaneous Civil Application E1274 of 2025; [2026] KEHC 2254 (KLR)
Jurisdiction
Kenya
Regulator
High Court
Type
court ruling
Complainant
Muthoni
Date decided
16 February 2026
Respondent type
private
Sector
education
Violations
enforcement of ODPC compensation determination
Provisions cited
s.64 DPA 2019, s.65 DPA 2019
Outcome
preliminary objection dismissed; enforcement of the ODPC determination held in abeyance pending the respondent's appeal
Status
final
Source
Official document ↗
Source integrity
SHA-256 68ae9ae704014adf…
Record verified
30 July 2026

The facts

The applicant sought to enforce an ODPC determination in her favour against Africa International University. The university raised a preliminary objection and had separately appealed the determination to the High Court in Civil Appeal E851 of 2025. The court dismissed the preliminary objection but held that considering the enforcement application on its merits would be premature while the appeal against the determination remained pending.

Orders and outcome

The preliminary objection dated 17 September 2025 was dismissed; the enforcement motion dated 1 September 2025 was held in abeyance pending the determination of Nairobi High Court Civil Appeal E851 of 2025; costs follow the event. Ruling of S. N. Mutuku J delivered 16 February 2026.

ENFORCEMENT-PATHWAY · COMPENSATION · EXECUTION · FIRST-OF-KIND

Cite this decision

High Court (Kenya), Muthoni v Africa International University, Miscellaneous Civil Application E1274 of 2025; [2026] KEHC 2254 (KLR), court ruling of 16 February 2026. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/high-court/2026/muthoni-v-africa-international-university/ (accessed 30 August 2026).

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