Simon Mukabane Okwomi v National Health Insurance Fund

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

Record ID

ke-odpc-2023-0034

Case reference

ODPC Complaint No. 1685 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Simon Mukabane Okwomi

Date decided

11 December 2023

Respondent type

public

Sector

banking

Violations

failure to respond to erasure request, unlawful processing, failure to implement security measures

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.40 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 854f9e950dc01b96…

Record verified

30 July 2026

The facts

The complainant alleged the National Health Insurance Fund wrongly added people unknown and unrelated to him as beneficiaries under his NHIF card and removed his wife as his lawful beneficiary. The respondent said the added dependants had been removed, but did not demonstrate that the complainant's card details were corrected. He said his wife could not use the cover and he paid her medical bill out of pocket, but did not quantify the amount, and the Office declined compensation because specific damages must be pleaded and justified.

Orders and outcome

The respondent was found liable for violating the complainant's rights and failing to fulfil its obligations, and an enforcement notice was issued against it, including for the undemonstrated correction of the card details. Dated December 2023.

BANKING · DATA-SECURITY · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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