Aluo Jane Njoki and Teresia Mutindi Munywoki v Spoton Vacations Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 26 August 2024.

Record ID

ke-odpc-2024-0079

Case reference

ODPC Complaint Nos. 0740 and 0779 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Aluo Jane Njoki and Teresia Mutindi Munywoki

Date decided

26 August 2024

Respondent type

private

Sector

general

Violations

lack of consent, commercial use of personal data, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.32(1) DPA 2019, s.36 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.61(b) DPA 2019, s.61 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 589bbe18342b7623…

Record verified

30 July 2026

The facts

Two complainants, in consolidated complaints, alleged that Spoton Vacations Limited continuously sent them unsolicited promotional and direct marketing messages even after they objected. The respondent also ignored or absconded a demonstration session scheduled at the ODPC's offices in August 2024, and the Office found this failure to provide assistance impeded its investigations.

Orders and outcome

The respondent was found liable and ordered to compensate the complainants a total of KES 650,000, comprising KES 200,000 for the first complainant and KES 450,000 for the second, and an enforcement notice was issued against it. Dated 26 August 2024.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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