Marlene Ngina Matunga v Whitepath Company Limited

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

Record ID

ke-odpc-2025-0024

Case reference

ODPC Complaint No. 1859 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Marlene Ngina Matunga

Date decided

March 2025

Respondent type

private

Sector

digital lending

Violations

unlawful processing

Provisions cited

s.25(a) DPA 2019, s.25 DPA 2019, s.25(c) DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.30(1)(b) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65(2) DPA 2019, s.65(1) DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 450,000 (≈ USD 3,490 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 e43a5e3aa667c86a…

Record verified

30 July 2026

The facts

The complainant alleged that Whitepath Company Limited processed her personal data without a lawful basis, repeatedly contacting her from different phone numbers with text messages about a colleague who the respondent claimed was its client and had taken an online loan. The ODPC found the respondent failed to uphold her right to be informed and processed her personal data unlawfully, noting the negligent and intentional conduct of the respondent.

Orders and outcome

The respondent was found liable, directed to compensate the complainant KES 450,000, and an enforcement notice was issued against it, which would also address her request that the respondent immediately cease further violations of her privacy. The determination's date line is illegible in the scan; the complaint is ODPC Complaint No. 1859 of 2024.

FINTECH · MOBILE-LENDING · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Same respondent

• 31 July 2023 · complaint upheld
• 19 November 2024 · complaint upheld
• 19 November 2024 · complaint upheld
• 29 January 2025 · complaint upheld

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