Antony Mwenda v Ceres Tech Limited Ta Rocketpesa
Complaint upheld; compensation ordered; enforcement notice issued; prosecution recommended. ODPC, 15 January 2025.
The facts
The complainant alleged that Ceres Tech Limited, trading as RocketPesa, contacted him demanding payment of a loan he was not a party to, beginning with a WhatsApp message in November 2023. Investigations established that the actual borrower had made a payment to the respondent, and that loan records associating the borrower and the complainant were deliberately erased from the respondent's database to derail investigations. The ODPC found the respondent liable for violating the complainant's right to be informed, his right to object, and for unlawful processing.
Orders and outcome
An enforcement notice was issued, the respondent was ordered to pay the complainant Kenya Shillings Seven Hundred Thousand (KES 700,000) as compensation after the Office considered his prayer for Kshs 3,000,000, and a recommendation for prosecution was made against the respondent company's directors for obstruction of the Data Commissioner and for giving false and misleading information. Dated 15 January 2025.
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