David Owuor & 2 others v Ceres Tech Limited Ta Rocketpesa

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 5 January 2024.

Record ID

ke-odpc-2024-0004

Case reference

ODPC Complaint No. 1994 of 2023 as consolidated with No. 1998 of 2023 and No. 2298 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

David Owuor, Dennis Mwenda and Richard Abongo

Date decided

5 January 2024

Respondent type

private

Sector

digital lending

Violations

commercial use of personal data, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 2,600,000 (≈ USD 19,700 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 a7f81d5c886586d6…

Record verified

30 July 2026

The facts

Three consolidated complaints against Ceres Tech Limited, trading as RocketPesa, concerned incessant promotional messages sent to induce the complainants to take up the respondent's product. The respondent provided no proof of consent, the complainants had no way of opting out, and the first and third complainants' objections were ignored while the messages continued. The ODPC found the complainants' rights violated and that the messages caused them distress.

Orders and outcome

The respondent was found liable, an enforcement notice was issued, and compensation was awarded of KES 950,000 to the first complainant, KES 700,000 to the second and KES 950,000 to the third. Dated 5 January 2024.

FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Same respondent

• 15 January 2025 · complaint upheld

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