Tracker / Kenya / 2023 / Safaricom Plc
§ Tracker · Kenya · ODPC · 2023

Pauline Muhanda t/a Mudeshi Muhanda and Co. Advocates v Safaricom Plc

Complaint resolved; Respondent not vicariously liable; prosecution recommended against individual employee. ODPC, 3 October 2023.

Record ID
ke-odpc-2023-0024
Case reference
ODPC Complaint No. 1212 of 2023
Jurisdiction
Kenya
Regulator
ODPC
Type
determination
Complainant
Pauline Muhanda t/a Mudeshi Muhanda and Co. Advocates
Date decided
3 October 2023
Respondent type
private
Sector
telecoms
Violations
not specified in the source
Provisions cited
s.25 DPA 2019, s.41 DPA 2019, s.56 DPA 2019, s.72(3) DPA 2019, s.72(4) DPA 2019
Outcome
complaint resolved; Respondent not vicariously liable; prosecution recommended against individual employee
Status
final
Source
Official document ↗
Source integrity
SHA-256 bbaf1b051d3b0db7…
Record verified
30 July 2026

The facts

An advocate complained after a customer care agent of Safaricom PLC made an unauthorised disclosure of personal information, including material touching on her practice, to a third party. The Office found the agent acted outside the confines established by her employer and assumed personal responsibility for the unlawful disclosure, so the respondent was not vicariously liable; Safaricom had itself reported the breach to the police.

Orders and outcome

The complaint was resolved against the respondent, and the Office recommended the prosecution of the customer care agent for unlawful disclosure of personal data. Dated 3 October 2023.

VICARIOUS-LIABILITY · EMPLOYEE-CONDUCT · DISCLOSURE · TELCO · TELECOM · NO-CORPORATE-LIABILITY

Cite this decision

ODPC (Kenya), Pauline Muhanda t/a Mudeshi Muhanda and Co. Advocates v Safaricom Plc, ODPC Complaint No. 1212 of 2023, determination of 3 October 2023. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2023/safaricom-plc/ (accessed 23 October 2026).

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