Quincy Jesee Kiptoo v Pepinos Pizza Inn

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 22 June 2025.

Record ID

ke-odpc-2025-0031

Case reference

ODPC Complaint No. 0474 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Quincy Jesee Kiptoo

Date decided

22 June 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 DPA 2019, s.26(a) DPA 2019, s.32(1) DPA 2019, s.37(1)(a) DPA 2019, s.37(1)(b) DPA 2019, s.37 DPA 2019, s.37(1) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 250,000 (≈ USD 1,900 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 24eccb26b973af24…

Record verified

30 July 2026

The facts

The complainant alleged that the respondent unlawfully processed his personal information and began sending him unwarranted promotional text messages without his consent, after failing to inform him at the point of payment that his data would be used for promotions. He also prayed for deletion of all his details from the respondent's platforms. The ODPC found his right to be informed was infringed.

Orders and outcome

The respondent was found liable, an enforcement notice was issued, and it was ordered to pay the complainant Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000) as compensation. Dated 2025, with the day and month partially illegible in the scan.

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

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