Legal Updates & Insights

In a recent Employment and Labour Relations Court decision, Mwangi v ABSA Bank Kenya PLC (Cause No. E065 of 2023), the intersection of employment law, data protection, and privacy rights took center stage. The judgment highlighted crucial considerations employers must adhere to when investigating employee conduct, especially in relation to data protection rights enshrined under the Kenyan […]

Introduction In a significant recent determination by Kenya’s Office of the Data Protection Commissioner (ODPC), the case of Kennedy Wainaina Mbugua vs. Bolt Operations OU and Bolt Support Kenya Limited sheds light on critical issues surrounding data breaches, data controller responsibilities, and data subject rights. The complainant, a Bolt driver, alleged unauthorized access to his Bolt account,

In a significant judgment for privacy rights in Kenya, the High Court recently upheld a Ksh 900,000 fine against Credit Watch Investment Limited, a digital lender accused of privacy violations. This Judgment highlights the accountability of financial service providers in safeguarding customer data and respecting the legal framework under Kenya’s Data Protection Act of 2019.

The Kenyan High Court’s judgment in Mwambu v Twiga Foods Ltd ([2024] KEHC 10889) highlights critical implications for employees’ rights to privacy and dignity in the age of digital branding and social media. This landmark case emphasizes the legal requirement for employers to secure explicit, informed consent before utilizing employees’ images for commercial purposes—a decision with significant

Introduction: Protecting Image Rights in the Digital Age The High Court of Kenya recently delivered a significant decision in the case of Liburuwen Lasanguru Kweri v. Beehive Media Limited; Capwel Industries Limited (Interested Party), marking a pivotal moment for privacy rights under Kenya’s Constitution and Data Protection Act. This case centered on the unauthorized use of

Introduction In the era of stringent data protection, especially in sectors handling sensitive financial data, institutions are increasingly under the microscope. The Office of the Data Protection Commissioner (ODPC) recently addressed a significant case involving Rose Wambui Muigai (the Complainant) and NCBA Bank PLC (the Respondent), focusing on unauthorized disclosure and handling of personal data.

1. Impact on Digital Economy and Taxation Definition of Digital Marketplace: The amendment seeks to expand the definition of “digital marketplace” to include ride-hailing, freelance, and other online professional services. This change will broaden the tax base, ensuring that a wider array of digital transactions is taxed. However, it places additional compliance burdens on digital service providers

Introduction: The Supreme Court of Kenya addressed significant constitutional questions surrounding the Finance Act, 2023. This highly contested Act, aimed at introducing extensive tax reforms, was challenged on multiple grounds, including public participation, the nature of money bills, and legislative concurrence. The case highlights the Court’s commitment to upholding Kenya’s constitutional framework and underscores the

Introduction In a recent decision, the Office of the Data Protection Commissioner (ODPC) in Kenya tackled one of the most significant privacy cases under the Data Protection Act, 2019. This case, involving former Scangroup CEO Bharat Thakrar, and corporate giants WPP Scangroup PLC, WPP PLC, and Control Risks Group (CRG), has set a high standard

In today’s digitally transformed world, the education sector is one of the largest repositories of sensitive data, including the personal information of minors. With growing reliance on digital platforms for learning, the privacy rights of minors are increasingly at risk. Schools, institutions, and educational tech companies face an intricate web of legal obligations to protect