Victory Owino v Mhasibu Housing Company Limited Mhasibu Nwdt Sacco Society Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 31 May 2024.

Record ID

ke-odpc-2024-0054

Case reference

ODPC Complaint No. 371 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Victory Owino

Date decided

31 May 2024

Respondent type

private

Sector

banking

Violations

lack of consent, commercial use of personal data, unlawful data disclosure, unlawful processing, failure to register with odpc

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.28(3) DPA 2019, s.30 DPA 2019, s.37 DPA 2019, s.39 DPA 2019, s.39(1)(D) 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 650,000 (≈ USD 4,920 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 326951762ff56a59…

Record verified

30 July 2026

The facts

The complainant alleged that the respondents used her personal data for marketing without consent or a lawful basis. The ODPC found the first respondent, Mhasibu Housing Company Limited, liable for violating her right to be informed and for using her personal data for commercial purposes without express consent, and found the second respondent, Mhasibu NWDT Sacco Society Limited, did not violate her rights or use her data commercially.

Orders and outcome

The first respondent was ordered to pay the complainant KES 650,000 as compensation and an enforcement notice was issued against it; the complaint against the second respondent was dismissed. Dated May 2024.

BANKING · CONSENT · DISCLOSURE · DISMISSED · UNLAWFUL-PROCESSING

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