Peter Mbugua & 2 others v Credit Watch Investment Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 1 December 2023.

Record ID

ke-odpc-2023-0033

Case reference

ODPC Complaint No. 1626 of 2023, as consolidated with Nos. 1797 and 1835 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Peter Mbugua, Timothy Ngome and Aggrey Timothy

Date decided

1 December 2023

Respondent type

private

Sector

general

Violations

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, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 900,000 (≈ USD 6,430 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 0938e7d47d1557e5…

Record verified

30 July 2026

The facts

Three consolidated complaints against Credit Watch Investment Limited concerned its Cloudloan product sending the complainants persistent texts and calls demanding that they get the respondent's loanees to repay loans, although none of them had consented to being listed as emergency contacts. The respondent admitted the complainants had not consented. The ODPC found the respondent liable for violating their right to privacy and failing to fulfil its obligations, noting the distress caused by the coercive messages.

Orders and outcome

An enforcement notice was issued against the respondent and it was ordered to pay compensation of Kshs. 300,000 to each of the three complainants. Dated December 2023.

DATA-SECURITY · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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