Ruth Murugi Nyaga v Megatank Solar Energy Limited and Xinda Accounting Firm

Complaint upheld; compensation ordered. ODPC, August 2025.

Record ID

ke-odpc-2025-0072

Case reference

ODPC Complaint No. 0682 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Ruth Murugi Nyaga

Date decided

August 2025

Respondent type

private

Sector

general

Violations

lack of consent, commercial use of personal data, unlawful data disclosure, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.26(c) DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37(1) DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 400,000 (≈ USD 3,100 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 83e4251affa17702…

Record verified

30 July 2026

The facts

The complainant, employed by Megatank Solar Energy Limited from April 2024 to April 2025, alleged her personal data was collected and processed for commercial purposes without her express consent. The ODPC found the first respondent failed to prove it had obtained express consent for using her personal telephone number for commercial and tax regulatory purposes. The complaint also named an accounting firm as second respondent.

Orders and outcome

The first respondent was found liable and ordered to compensate the complainant KES 400,000 for the unauthorised processing. The complaint against the second respondent was dismissed. Dated August 2025.

CONSENT · DISCLOSURE · DISMISSED · GENERAL · UNLAWFUL-PROCESSING

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