Titus Esau Barua v CeresTech Limited t/a Chapaa Loan

Complaint upheld; compensation ordered. ODPC, December 2025.

Record ID

ke-odpc-2026-0009

Case reference

ODPC Complaint No. 1348 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Titus Esau Barua

Date decided

December 2025

Respondent type

private

Sector

technology

Violations

lack of consent, commercial use of personal data, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.25(c) DPA 2019, s.26 DPA 2019, s.26(c) DPA 2019, s.37 DPA 2019, s.37(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65(2) DPA 2019, s.65(1) DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 200,000 (≈ USD 1,550 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 092c6f348f9c77be…

Record verified

30 July 2026

The facts

The complainant alleged that CeresTech Limited, trading as Chapaa Loan, sent him unsolicited marketing messages without his consent, and that after persistent contact from one of its agents he requested deletion of his personal data, which the respondent neither acknowledged nor acted upon. The ODPC found the respondent failed to uphold his rights and processed his personal data unlawfully.

Orders and outcome

The respondent was found liable and ordered to compensate the complainant KES 200,000, the Office taking into account the nature and extent of the violation, the relationship between the parties and the respondent's conduct. Dated December 2025.

CONSENT · RIGHT-TO-ERASURE · TECHNOLOGY · UNLAWFUL-PROCESSING · UPHELD

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