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
Alleged 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

Dennis Mbogoro Muthoni applied to the High Court to adopt and enforce, as a court order, an ODPC determination in his favour ordering Africa International University to pay him KES 250,000 for unlawful use of his image in its publications. The University had separately appealed the underlying determination (Nairobi HCCA No. E851 of 2025) and raised a preliminary objection disputing the court's jurisdiction to enforce ODPC compensation awards at all.

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 23 October 2026).

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