Samuel Kadzuga Nyamawi v Fin Africa t/a Trustgro SCA Limited

Complaint upheld; compensation ordered. ODPC, 10 June 2025.

Record ID: ke-odpc-2025-0037
Case reference: ODPC Complaint No. 0385 of 2025
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Samuel Kadzuga Nyamawi
Date decided: 10 June 2025
Respondent type: private
Sector: digital lending
Violations: unlawful processing
Provisions cited: s.25 DPA 2019, s.26(a) DPA 2019, s.39 DPA 2019, s.56(1) DPA 2019
Outcome: complaint upheld; compensation ordered
Compensation: KES 250,000 (≈ USD 1,940 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 c1599084600e23c4…
Record verified: 30 July 2026

The facts

The complainant alleged that Fin Africa, trading as Trustgro SCA Limited, processed his personal data without a lawful basis when an agent working for the respondent sent him unsolicited marketing messages, without informing him of the use to which his data was being put. The ODPC found the respondent liable for processing without a lawful basis and without informing the data subject.

Orders and outcome

The respondent was found liable and ordered to pay the complainant Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000) as compensation. Dated 10 June 2025.

FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Samuel Kadzuga Nyamawi v Fin Africa t/a Trustgro SCA Limited, ODPC Complaint No. 0385 of 2025, determination of 10 June 2025. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2025/fin-africa-trustgro-2/ (accessed 30 August 2026).

Same respondent

June 2025 · complaint upheld

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