Esther Mareka, suing on behalf of M.N(minor) v Henner Gmc

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 14 April 2024.

Record ID

ke-odpc-2024-0035

Case reference

ODPC Complaint No. 0099 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Esther Mareka, suing on behalf of M.N(minor)

Date decided

14 April 2024

Respondent type

private

Sector

general

Violations

lack of consent, unlawful data disclosure, failure to prevent data breach, failure to notify data breach, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.27 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.33 DPA 2019, s.43 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 800,000 (≈ USD 6,060 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 a448e6489245ac54…

Record verified

30 July 2026

The facts

The complainant alleged Henner GMC used her son's personal data, his full names and date of birth, during a training session without her knowledge or consent, a purpose different from that for which the information was collected. The Office found the respondent liable, taking into account the measures it took to correct the mistake, and itemised the award as KES 500,000 for the unlawful use and KES 300,000 for infringing the minor's right to be informed and the failure to obtain consent.

Orders and outcome

The respondent was ordered to pay the complainant a total of KES 800,000 as compensation and an enforcement notice was issued against it. Dated April 2024 with the day illegible in the scan.

CONSENT · DATA-BREACH · DISCLOSURE · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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