The complainant was continuously contacted by three lenders to repay a loan taken by his wife, although he was never her guarantor. The respondents argued he had agreed to be contacted on her behalf, which remained unsubstantiated; the ODPC observed that data protection rights are individualistic, applying to individual persons and not to a union by cohabitation or marriage, and found his personal data was not processed lawfully.
Orders and outcome
All three respondents were found liable for unlawful processing and enforcement notices were issued against all of them. Dated 2 January 2024.
ODPC (Kenya), Elijah Mokua v ASA International Kenya Limited, Bidii Credit Limited and Oya Micro-Credit Company Ltd, ODPC Complaint No. 1926 of 2023, determination of 2 January 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/asa-international-kenya-limited-bidii-credit-limited-oya-mic/ (accessed 23 October 2026).
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