Tracker / Kenya / 2026 / Ncwsc
§ Tracker · Kenya · ODPC · 2026

Gachiri Ndungo v Ncwsc

Complaint upheld; compensation ordered. ODPC, February 2026.

Record ID
ke-odpc-2026-0033
Case reference
ODPC Complaint No. 1752 of 2025
Jurisdiction
Kenya
Regulator
ODPC
Type
determination
Complainant
Gachiri Ndungo
Date decided
February 2026
Respondent type
private
Sector
public services
Violations
failure to respond to erasure request, unlawful processing
Provisions cited
s.25 DPA 2019, s.26 DPA 2019, s.26(c) DPA 2019, s.36 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65 DPA 2019
Outcome
complaint upheld; compensation ordered
Compensation
KES 250,000 (≈ USD 1,940 at the decision date)
Status
final
Source
Official document ↗
Source integrity
SHA-256 8036ef2eca10f2cd…
Record verified
30 July 2026

The facts

The complainant alleged that Nairobi City Water and Sewerage Company continued sending him unsolicited text messages despite his objection, a cease-and-desist email and a request for erasure. The ODPC found the respondent failed to honour his right to object to the processing of his personal data.

Orders and outcome

The respondent was found liable and ordered to pay the complainant KES 250,000 as compensation. The Office expressly declined to issue an enforcement notice because the respondent had put corrective measures in place, including removing the complainant's number from its systems. Dated February 2026.

RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD · UTILITIES

Cite this decision

ODPC (Kenya), Gachiri Ndungo v Ncwsc, ODPC Complaint No. 1752 of 2025, determination of February 2026. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2026/ncwsc/ (accessed 30 August 2026).

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