Risper Onyango v Sunking Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 20 January 2025.

Record ID

ke-odpc-2025-0019

Case reference

ODPC Complaint No. 1687 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Risper Onyango

Date decided

20 January 2025

Respondent type

private

Sector

general

Violations

unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.28 DPA 2019, s.30 DPA 2019, s.30(1)(b) 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 1,940 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 4ba59e36cafac90e…

Record verified

30 July 2026

The facts

The complainant alleged that Sunking Limited had been sending her unwanted messages at least two times a week consistently for the past year despite her not being its client. The ODPC found the respondent failed to inform her of the use of her personal data and kept sending messages without a lawful basis, infringing her right to be informed.

Orders and outcome

The respondent was found liable, ordered to pay the complainant Kenya Shillings Two Hundred and Fifty Thousand (Kshs. 250,000) as compensation, and an enforcement notice was issued against it. Dated 20 January 2025.

GENERAL · UNLAWFUL-PROCESSING · UPHELD

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