The complainant alleged the Institute of Certified Public Accountants of Kenya shared her personal data with various aspirants in its election, who then called, texted and emailed her repeatedly during the campaign period without her consent. The Office dismissed the complaint against the Institute, but found the second, fourth and fifth respondents, individual aspirants, liable: they failed to inform her of the use of her contact details, did not collect her data from her, and failed to prove her details were publicly available.
Orders and outcome
The complaint against the first respondent was dismissed. The second, fourth and fifth respondents were each ordered to pay the complainant Kenya Shillings Fifty Thousand (Kshs. 50,000) as compensation. Dated 25 April 2024.
DATA-BREACH · DISCLOSURE · GENERAL · UNLAWFUL-PROCESSING · UPHELD
Cite this decision
ODPC (Kenya), Victory Loch Owino v Icpak Philip Kakai Olive Gitau Andrew Bulemi Wycliffe Bichanga, ODPC Complaint No. 0174 of 2024, determination of 25 April 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/icpak-philip-kakai-olive-gitau-andrew-bulemi-wycliffe-bichan/ (accessed 30 August 2026).