Contents

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

Summary

The Complainant filed for a review of the ODPCs ruling in Allen Wamae & Another vs. Florence Mathenge & Anor - No. 0677 of 2023 in which their complaint was dismissed.

Facts

Aggrieved by the decision of the ODPC in Allen Gichuhi & Anor vs. Florence Mathenge & Anor, 677 of 2022, an appeal was filed before the High Court.

The court was primarily tasked with determining two fundamental questions of law: Firstly, whether the ODPC’s decision was void for having been rendered outside the statutory time limit, and secondly, whether legal persons could lodge complaints with the ODPC.

This decision has reiterated the need for the ODPC to receive, investigate and conclude complaints within 90 days of being lodged.

Holding

The ODPC held that:

• The On the first issue, the high court agreed with the appellants that the decision reached by the ODPC was a nullity on the grounds that it was rendered after 180 days of filing the complaint which was outside the 90 days’ time provided under the Act.
• In determining the issue of whether legal entities could file complaints with the ODPC for data breaches, the High Court relying on provisions of the Act, settled at the finding that only natural persons could file complaints before the ODPC for their data rights.

The claim was referred back to the ODPC to re-investigate and conclude.

Comment

A full text of the ruling is provided below. The matter was referred back to the ODPC for re-investigation.

Further resources