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§ Tracker · Kenya · ODPC · 2023

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

ODPC (Kenya), Maina Kimaru v Premier Credit Limited, ODPC Complaint No. 1764 of 2023, determination of 15 December 2023. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2023/premier-credit-limited/ (accessed 23 October 2026).

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