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§ Tracker · Kenya · ODPC · 2024

Emily Sila v Zerox Technology Company Limited

Complaint upheld; compensation ordered. ODPC, 16 January 2024.

Record ID
ke-odpc-2024-0013
Case reference
ODPC Complaint No. 2109 of 2023
Jurisdiction
Kenya
Regulator
ODPC
Type
determination
Complainant
Emily Sila
Date decided
16 January 2024
Respondent type
private
Sector
technology
Violations
unlawful processing, failure to implement security measures
Provisions cited
s.25 DPA 2019, s.26 DPA 2019, s.28 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.41 DPA 2019, s.56 DPA 2019, s.65 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 aff0ad2a80925e40…
Record verified
30 July 2026

The facts

The complainant received constant text messages from Apesa, a money-lending product owned by Zerox Technology Company Limited, directing her to tell a debtor to clear her loan, a loan the complainant knew nothing about. The messages continued even after she informed the respondent. The ODPC noted the respondent is a repeat offender with numerous similar complaints before the Office.

Orders and outcome

The respondent was found liable and ordered to compensate the complainant Kshs. 500,000 in total: Kshs. 200,000 for non-compliance with the data protection principles, Kshs. 250,000 for infringement of her rights, and Kshs. 50,000 for failing to inform her of the use of her personal data. Dated 16 January 2024.

DATA-SECURITY · TECHNOLOGY · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Emily Sila v Zerox Technology Company Limited, ODPC Complaint No. 2109 of 2023, determination of 16 January 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/zerox-technology-company-limited/ (accessed 23 October 2026).

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