Mary Ogwena Immaculate v Momentum Credit Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, January 2026.

Record ID

ke-odpc-2026-0016

Case reference

ODPC Complaint No. 1501 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Mary Ogwena Immaculate

Date decided

January 2026

Respondent type

private

Sector

media

Violations

lack of consent, commercial use of personal data, failure to respond to erasure request, unlawful processing, failure to implement security measures

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.26(c) DPA 2019, s.30 DPA 2019, s.30(1)(b) DPA 2019, s.36 DPA 2019, s.37(1) DPA 2019, s.41 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 500,000 (≈ USD 3,880 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 4f03a061b5c42522…

Record verified

30 July 2026

The facts

The complainant alleged that Momentum Credit Limited continued sending her unsolicited text messages despite her objection. The ODPC found her right to object was infringed and the processing of her personal data for commercial purposes unlawful.

Orders and outcome

The respondent was found liable, ordered to pay the complainant Kenya Shillings Five Hundred Thousand (Kshs 500,000) as compensation, and an enforcement notice was issued against it. Dated January 2026.

CONSENT · DATA-SECURITY · MEDIA · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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