Phidale Castro Majiwa Ouma v Whitepath Company Limited

Complaint upheld; compensation ordered. ODPC, 19 November 2024.

Record ID: ke-odpc-2024-0103
Case reference: ODPC Complaint No. 1259 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Phidale Castro Majiwa Ouma
Date decided: 19 November 2024
Respondent type: private
Sector: digital lending
Violations: unlawful debt collection, unlawful processing
Provisions cited: s.25 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.56 DPA 2019, s.65 DPA 2019
Outcome: complaint upheld; compensation ordered
Compensation: KES 250,000 (≈ USD 1,890 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 b160393e82e3ebc8…
Record verified: 30 July 2026

The facts

The complainant alleged he was receiving numerous incessant calls and messages from Whitepath Company Limited demanding payment as a loan guarantor, although he had never guaranteed anyone a loan with the respondent. The ODPC found the respondent did not inform him before obtaining his personal data and processed it unlawfully.

Orders and outcome

The respondent was found liable and directed to compensate the complainant KES 250,000. Dated November 2024.

DEBT-COLLECTION · FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Phidale Castro Majiwa Ouma v Whitepath Company Limited, ODPC Complaint No. 1259 of 2024, determination of 19 November 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/whitepath-company-limited-2/ (accessed 30 August 2026).

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