Elijah Mokua v ASA International Kenya Limited, Bidii Credit Limited and Oya Micro-Credit Company Ltd

Complaint upheld; enforcement notice issued. ODPC, 2 January 2024.

Record ID: ke-odpc-2024-0001
Case reference: ODPC Complaint No. 1926 of 2023
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Elijah Mokua
Date decided: 2 January 2024
Respondent type: private
Sector: digital lending
Violations: unlawful data disclosure, failure to respond to erasure request, unlawful processing
Provisions cited: s.25 DPA 2019, s.30 DPA 2019, s.56 DPA 2019
Outcome: complaint upheld; enforcement notice issued
Status: final
Source: Official document ↗
Source integrity: SHA-256 3bebaec293ac6e95…
Record verified: 30 July 2026

The facts

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.

DISCLOSURE · FINTECH · MOBILE-LENDING · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

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 30 August 2026).

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