Joy Matheka v Amref Staff Savings and Credit Society Limited and Gleannmore Limited

Complaint upheld; enforcement notice issued. ODPC, 15 December 2023.

Record ID

ke-odpc-2023-0037

Case reference

ODPC Complaint No. 1872 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Joy Matheka

Date decided

15 December 2023

Respondent type

private

Sector

general

Violations

unlawful debt collection, unlawful processing, failure to implement security measures

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.28 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.41 DPA 2019, s.56 DPA 2019, s.58 DPA 2019

Outcome

complaint upheld; enforcement notice issued

Status

final

Source

Official document ↗

Source integrity

SHA-256 eb232ca0982cd42d…

Record verified

30 July 2026

The facts

The complainant was pursued over a loan she had never guaranteed for a third party she did not know, and the calls persisted after she asked for them to stop. The determination involved two respondents: the Sacco, which was found to have fulfilled its obligations and directed the debt collector to cease calling her, and the debt collection company, which failed to prove compliance with its obligations and was found to have violated her rights.

Orders and outcome

The first respondent was found not liable. The second respondent, the debt collector, was found liable for violating the complainant's personal data and an enforcement notice was issued against it. Dated December 2023.

DATA-SECURITY · DEBT-COLLECTION · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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