Authority: ODPC - Kenya
Jurisdiction: Kenya
Relevant law: Section 2, 28(1), 29, 30 of the Data Protection Act, 2019
Type: Complaint
Outcome: Violation
Started: 11 & 30 May 2023
Decided: 2 August 2023
Published: N/A
Fine: N/A
Parties: Arnold Mwaura & Anor vs. Mulla Pride Limited
Case No.: 778 of 2023
Appeal: N/A
Original Source: ODPC
Original contributor: MZIZI Africa

Contents

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

Summary

Mulla Pride Ltd (the ‘Respondent’), a digital credit provider, was found liable for violating the provisions of the Data Protection Act 2019 by unlawfully processing the personal data of the Complainants.

Facts

Mulla Pride Ltd is a digital credit Provider and operates two mobile lending apps, LCash, Faircash and KeCredit.

The Respondent allegedly accessed the names and contact details of the Complainants from the phone books of its customers and subsequently made and/or sent them threatening messages and phone calls allegedly as guarantors of the debts.

The Complainants had not consented to the use of their personal information in this way or at all.

The Respondent informed the ODPC in responce that they collect information on guarantors to facilitate their administrative actions in debt collection.

The Respondent however failed to provide:

Holding

The Office of the Data Commissioner held that: