Dennis Gathara v Goodtimes Africa

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 28 August 2024.

Record ID

ke-odpc-2024-0080

Case reference

ODPC Complaint No. 762 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Dennis Gathara

Date decided

28 August 2024

Respondent type

private

Sector

general

Violations

lack of consent, commercial use of personal data, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(c) DPA 2019, s.30 DPA 2019, s.37 DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 700,000 (≈ USD 5,300 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 eb9119daf199f556…

Record verified

30 July 2026

The facts

The complainant alleged that Goodtimes Africa constantly sent him unsolicited text messages promoting its events without obtaining consent. The ODPC found the respondent processed his personal data unlawfully and violated his rights to object and of erasure, either intentionally or negligently.

Orders and outcome

The respondent was found liable, ordered to erase the complainant's personal data from its records within fourteen days and stop sending him marketing messages, and to pay Kenya Shillings seven hundred thousand (KES 700,000) as compensation. An enforcement notice was issued against it. Dated 28 August 2024.

CONSENT · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Track Kenya enforcement

Get decision alerts by email

Tell us your jurisdictions and we email you when a regulator's decision passes verification. Privacy.