Authority: ODPC - Kenya
Jurisdiction: Kenya
Relevant law: Section 25, 26 (a), 28, 29, 30 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya
Type: Complaint
Outcome: Violation
Started: 11 August 2023
Decided: 8 November 2023
Published: Yes
Fine: N/A
Parties: Wesley Okello vs. Risine Credit Ltd
Case No.: 1451 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

Risine Credit Ltd operating the iPESA digital lending platform was held liable for violating the rights of the Complainant under the Data Protection Act, 2019, when it contacted the Complainant regarding a loan facility that did not relate to him.

Facts

Risine Credit Ltd (the “Respondent”) is a digital credit provider and the proprietor of iPESA, a digital lending platform. Wesley Okello (the "Complainant”), alleged that the Responddnt had 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:

Holding

The ODPC held that: