Maina Kimaru v Premier Credit Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 15 December 2023.

Record ID

ke-odpc-2023-0042

Case reference

ODPC Complaint No. 1764 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Maina Kimaru

Date decided

15 December 2023

Respondent type

private

Sector

digital lending

Violations

commercial use of personal data, unlawful data disclosure, 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.37 DPA 2019, s.41(1) DPA 2019, s.42 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 700,000 (≈ USD 5,000 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 0e92a6d87a7b3d22…

Record verified

30 July 2026

The facts

The complainant was distressed by incessant promotional messages from the microfinance company Premier Credit Limited inducing him to take up its products. The respondent provided no proof of consent, offered no way to opt out, and ignored his objection to further processing, continuing to send promotional messages.

Orders and outcome

The respondent was found liable, an enforcement notice was issued against it, and it was ordered to pay the complainant Kenya Shillings seven hundred thousand (KES 700,000) in compensation. Dated December 2023.

DATA-SECURITY · DISCLOSURE · FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Same respondent

• March 2025 · complaint upheld
• 16 December 2025 · complaint upheld

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