Dennis Caleb Owuor v Whitepath Company

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

Record ID

ke-odpc-2025-0022

Case reference

ODPC Complaint No. 1931 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Dennis Caleb Owuor

Date decided

March 2025

Respondent type

private

Sector

digital lending

Violations

unlawful data disclosure, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65(4) 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 3ef980a6ab88c918…

Record verified

30 July 2026

The facts

The complainant alleged he received multiple calls from the respondent's agent about a loan for which he had been listed as a guarantor without his consent. The ODPC found the respondent liable for processing his personal data without a lawful basis and for denying him the opportunity to exercise his right to be informed before the processing, and treated the unauthorised disclosure of his personal data as an offence under the Act.

Orders and outcome

The respondent was ordered to pay the complainant Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000) as compensation, and an enforcement notice was issued to compel it to erase all data relating to the complainant and furnish proof. Dated 2025, with the day and month illegible in the scan.

DISCLOSURE · FINTECH · MOBILE-LENDING · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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