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.
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.
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.