Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

Zamaradi Capital & Credit Group Limited, was fined KES.500,000 for continuously contacting the Complainant to repay a loan that was taken by another third party, despite her not being the third party's guarantor at the time the loan was taken.

Facts

Faith Koyo lodged a complaint against Zamaradi Capital & Credit Group Limited, alleging that the company had been continuously contacting her to repay a loan that was taken by another third party, despite her not being the third party's guarantor at the time the loan was taken. Faith Koyo further stated that she was not present when the loan was taken and that she had no knowledge of it. Additionally, she claimed that the numerous calls and threats from the company were causing her mental stress. These actions by Zamaradi Capital & Credit Group Limited led to the complaint from Faith Koyo. The respondent stated that upon receiving notification from the Office of the Data Protection Commissioner, they reached out to their client, who was the borrower and a third party to the complaint ( ot the Complainant), via email on 5th October 2023 in an attempt to establish further details and particulars surrounding the complainant's complaint and hopefully, amicably resolve the same. The respondent attached the email sent to the said third party, demonstrating their attempt to resolve the matter.

The Data Commissioner determined that the Complainant's personal data was not processed lawfully by the Respondent.

Holding

The ODPC held that:

• the Respondent to compensate the Complainant with Kshs. 200,000 for unlawfully processing her personal data.
• Additionally, the Data Commissioner noted that enforcement notices could be issued against the Respondent.

Comment

The full text of the ruling is available below.

Further resources

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The Decision