Brian Githaiga v Ncba Bank Kenya Ltd

Complaint upheld; compensation ordered. ODPC, March 2025.

Record ID

ke-odpc-2025-0011

Case reference

ODPC Complaint No. 1679 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Brian Githaiga

Date decided

March 2025

Respondent type

private

Sector

banking

Violations

failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.65(4) DPA 2019, s.65 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 80caf321f4dd5674…

Record verified

30 July 2026

The facts

The complainant alleged that NCBA Bank Kenya failed to rectify and update his accurate email address after a third party's email address was recorded against his business account. The ODPC found the bank intentionally or negligently violated his right of erasure by failing to correct the address in its database even after his instructions.

Orders and outcome

The respondent was ordered to erase the third party's email address from the complainant's business account within fourteen days and to compensate him Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000). Dated January 2025.

BANKING · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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