Bosco Otieno v Betika Kenya

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 25 September 2025.

Record ID

ke-odpc-2025-0056

Case reference

ODPC Complaint No. 0986 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Bosco Otieno

Date decided

25 September 2025

Respondent type

private

Sector

general

Violations

failure to respond to erasure request, obstruction of data commissioner, unlawful processing

Provisions cited

s.25 DPA 2019, s.25(D) DPA 2019, s.25(c) DPA 2019, s.26(E) DPA 2019, s.26(D) DPA 2019, s.26 DPA 2019, s.40(1)(b) DPA 2019, s.45 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65(4) DPA 2019, s.65(2) DPA 2019, s.65(1) DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 250,000 (≈ USD 1,940 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 6aaa43fdf0d019f0…

Record verified

30 July 2026

The facts

The complainant exercised his right to deletion against Betika, which made compliance conditional on him providing three months of M-Pesa statements and a copy of his national identity card. The ODPC found this an unlawful restriction on the exercise of his rights as a data subject and a failure to process personal data in accordance with the data protection principles.

Orders and outcome

The respondent was found liable, an enforcement notice was issued, and it was ordered to compensate the complainant KES 250,000. Dated 25 September 2025.

GENERAL · OBSTRUCTION · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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