| Authority: | High Court - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Articles 2(1) & (2), 10(2) (B), 19, 20, 22, 23(3), |
| 28, 29, 31,165, 258 & 259 (1) of the Constitution of Kenya; Section 25, 26, 32 & 37 of the Data Protection Act, 2019 | |
| Type: | Petition |
| Outcome: | Lack of Jurisdiction |
| Started: | 5 July 2021 |
| Decided: | 19 July 2022 |
| Published: | N/A |
| Fine: | N/A |
| Parties: | John Mwangi & Anor vs. Naivasha County Hotel T/A Sawela Lodges |
| Case No.: | E003 of 2021 |
| Appeal: | N/A |
| Original Source: | High Court |
| Original contributor: | Isaac Vincent Owino |
The Petitioner's suit in which they alleged the violation of their right to privacy and which suit was filed in the High Court of Kenya, was struck off for want of jurisdiction. The matter should have been filed with the Office of the Data Protection Commissioner as envisaged under the Data Protection Act, 2019.
John Mwangi and Vincent Githanga (the “Petitioners”) alleged that Naivasha County Hotel T/A Sawela Lodges (the “Respondent”) took photographs of them during a team building activity at the Respondent's premises and then posted them on its social media platforms with the intention of marketing the Respondent’s products. The Petitioners aver that the actions of the Respondent violated their right to privacy as they did not consent to having their photos taken and the use of the same.
The Respondents raised a preliminary objection to the petition arguing that the Court lacked jurisdiction to hear the same as the matter should have been referred to the Office of the Data Protection Commission as mandated by the Data Protection Act, 2019.
The High Court upheld the preliminary objection and struck out the suit for want of jurisdiction.
The High Court in stricking out the suit preserved its appellate jurisdiction in data protection cases. Differentiate from Kennedy Ondieki vs. Hellen Maeda - High Court Petition No. E153 of 2022
The ruling is attached below.