Alfred Kandie Tallam v Ukristo Na Ufanisi Sacco Ltd

Complaint upheld; compensation ordered. ODPC, 14 November 2024.

Record ID

ke-odpc-2024-0100

Case reference

ODPC Complaint No. 1189 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Alfred Kandie Tallam

Date decided

14 November 2024

Respondent type

private

Sector

banking

Violations

unlawful debt collection, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(c) DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 500,000 (≈ USD 3,790 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 d9974e687cd4bec3…

Record verified

30 July 2026

The facts

The complainant kept receiving loan payment demand messages from the Sacco that were addressed to one of its borrowers. The borrower had mistyped his own contact details on his 2013 membership form and 2014 loan application, so the number on file belonged to the complainant. The complainant asked the Sacco by phone and on X to delete his number, and also raised the matter with the Sacco Societies Regulatory Authority and Safaricom, but the messages continued. During a site visit the Sacco admitted sending the messages, and its borrower confirmed the number had been provided in error. The ODPC found the Sacco violated the complainant's right to object and right of erasure by continuing to send the messages after the fourteen-day response windows had lapsed.

Orders and outcome

The respondent was found liable and ordered to pay the complainant Kenya Shillings Five Hundred Thousand (KES 500,000) in compensation. The Office declined the KES 6,000,000 the complainant had claimed, calling it inordinately high and an erroneous estimate of the damage. The stoppage of messages and removal of the complainant's number had already been confirmed during the site visit. Dated 14 November 2024.

BANKING · DEBT-COLLECTION · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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