Benedict Nyaga v Ceres Tech Limited Ta Chapaa Loan

Complaint upheld; enforcement notice issued. ODPC, 27 November 2023.

Record ID

ke-odpc-2023-0030

Case reference

ODPC Complaint No. 1593 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Benedict Nyaga

Date decided

27 November 2023

Respondent type

private

Sector

digital lending

Violations

lack of consent, unlawful data disclosure, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.28 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.31 DPA 2019, s.32 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 75bc33cea7e8cf07…

Record verified

30 July 2026

The facts

The complainant was contacted by Ceres Tech Limited, trading as Chapaa Loan, about a loan he was unaware of, having never consented to being listed as a referee or guarantor. The respondent said it obtained consent from its customer rather than from the complainant, and the ODPC found it failed to discharge its burden of establishing the data subject's consent. The Office noted the respondent is a repeat offender, having been found liable for similar violations in an earlier complaint.

Orders and outcome

The respondent was found liable and an enforcement notice was issued against it. Dated 27 November 2023.

CONSENT · DISCLOSURE · FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

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