Contents

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

Summary

Risine Credit Ltd and Wakanda Credit Ltd who operate a digital lending platform known as KashWay were held liable for violating the rights of the Complainant under the Data Protection Act, 2019 and fined KES.50,000 each, when it contacted the Complainant regarding a loan facility that did not relate to him.

Facts

Risine Credit Ltd and Wakanda Credit Ltd (the “Respondents”) are digital credit providers and the proprietor of KashWay, a digital lending platform. Ruphus Muita (the "Complainant”), alleged that the Respondents initiated contact with him in respect of a loan facility demanding its repayment, notwithstanding the fact that the Complainant had no relationship with the Respondent.

The Respondent refused/neglected to file a response to the complaint.

The Office of the Data Protection Commissioner (ODPC) determined that the respondent violated the complainant's rights:

• To be informed of the collection and use of his personal data.
• To be informed of his rights under the Act.
• To be informed of the lawful basis relied upon in the collection of the Data.
• To be informed of his rights under the Act.
• To provide his own data, unless certain conditions are complied with.

Holding

The ODPC held that:

• The Respondent was liable for violating the Complainant's rights under the Act.