Richard Malelu v Fairdeal Furniture Limited

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

Record ID

ke-odpc-2025-0065

Case reference

ODPC Complaint No. 1042 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Richard Malelu

Date decided

October 2025

Respondent type

private

Sector

general

Violations

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

Provisions cited

s.25(G) DPA 2019, s.25 DPA 2019, s.25(c) DPA 2019, s.26(a) DPA 2019, s.26(c) DPA 2019, s.29 DPA 2019, s.37(1) DPA 2019, s.40(1)(b) 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 b669b4b38785db3e…

Record verified

30 July 2026

The facts

The complainant alleged Fairdeal Furniture Limited sent him unsolicited promotional messages without consent, and that its opt-out mechanism was ineffective, preventing him from exercising his right to object, so the marketing messages continued. The ODPC found continued processing of his personal data for commercial purposes without the requisite consent.

Orders and outcome

The respondent was found liable, ordered to compensate the complainant KES 250,000, and an enforcement notice was issued against it. Dated 20 October 2025.

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

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