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

Track Kenya enforcement

Free: a monthly digest of new verified decisions in your chosen jurisdictions. You confirm by email before anything is sent; every alert has an unsubscribe link. Privacy · Terms.