Mary Gathoni Mwaura v Kenya Bankers Savings Credit Cooperative Society Ltd Vs Muga Auctioneers General Merchants

Complaint upheld; enforcement notice issued. ODPC, 16 February 2024.

Record ID

ke-odpc-2024-0023

Case reference

ODPC Complaint No. 2427 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Mary Gathoni Mwaura

Date decided

16 February 2024

Respondent type

private

Sector

banking

Violations

unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.29 DPA 2019, s.56 DPA 2019, s.58 DPA 2019

Outcome

complaint upheld; enforcement notice issued

Status

final

Source

Official document ↗

Source integrity

SHA-256 b59cbcfc6ee289ad…

Record verified

30 July 2026

The facts

The complainant was listed as next of kin by a borrower of the Kenya Bankers Savings and Credit Cooperative Society and began receiving threatening calls and messages over the borrower's defaulted loan, which she was not party to. The ODPC found the Sacco violated her right to be informed and the principle of purpose limitation by using next-of-kin details to pursue her over the default without her prior consent. The complaint against the second respondent, an auctioneers firm, was dismissed.

Orders and outcome

The first respondent was found liable and an enforcement notice was issued against it. The complaint against the second respondent was dismissed. No compensation was ordered. Dated 2024 with the day and month partially illegible in the scan.

BANKING · DISMISSED · UNLAWFUL-PROCESSING

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