Brian Mwalimu Volisi v Fin Kenya (Formerly Trustgro Sca Limited)

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 15 January 2024.

Record ID

ke-odpc-2024-0011

Case reference

ODPC Complaint No. 2120 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Brian Mwalimu Volisi

Date decided

15 January 2024

Respondent type

private

Sector

digital lending

Violations

unlawful processing

Provisions cited

s.25(a) DPA 2019, s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 753,440 (≈ USD 5,710 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 cdfcf64ff951ee9c…

Record verified

30 July 2026

The facts

The complainant alleged that Fin Kenya, formerly Trustgro SCA Limited, used his employment details to process a loan application without his consent. The ODPC found the respondent liable, ordered it to give the complainant his loan statement and the application form used for the second loan, and noted deductions he said were continuing without appearing on his payslip.

Orders and outcome

The respondent was found liable and ordered to pay the complainant Kshs. 3,440 for financial loss and Kshs. 750,000 for violation of his rights, a total of Kshs. 753,440, and an enforcement notice was issued against it. The determination date is not legible in the scan.

FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

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