Brian Wainaina and Gathoni Maitai v Deltech Capital Kenya Limited t/a Mykes

Complaint upheld; enforcement notice issued. ODPC, 11 August 2023.

Record ID: ke-odpc-2023-0015
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Brian Wainaina and Gathoni Maitai
Date decided: 11 August 2023
Respondent type: private
Sector: digital lending
Violations: unlawful data disclosure, failure to respond to erasure request, unlawful processing
Provisions cited: s.25 DPA 2019, s.26 DPA 2019, s.28 DPA 2019, s.29 DPA 2019, s.32 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019
Outcome: complaint upheld; enforcement notice issued
Status: final
Source: Official document ↗
Source integrity: SHA-256 27380f911e408912…
Record verified: 30 July 2026

The facts

The complainants alleged that Deltech Capital Kenya Limited, through its Mykes and Flytech mobile applications, made unwarranted calls and sent unwarranted text messages demanding payments for loans not borrowed or already settled. The Office found the respondent processed their personal data without consent, did not collect it directly from them, and did not notify them of the nature, purpose or rights involved.

Orders and outcome

The respondent was found liable and an enforcement notice was ordered to issue against it. Dated August 2023.

DISCLOSURE · FINTECH · MOBILE-LENDING · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

Cite this decision

ODPC (Kenya), Brian Wainaina and Gathoni Maitai v Deltech Capital Kenya Limited t/a Mykes, determination of 11 August 2023. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2023/deltech-capital-limited-ta-mykes/ (accessed 30 August 2026).

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