Legal Updates & Insights

Data Breach Costs Bank KES 250,000: ODPC Enforces Right to Data Erasure

Introduction: In the fast-evolving digital age, the finance sector holds vast troves of sensitive personal data, heightening its vulnerability to breaches and privacy issues. In Kenya, a recent decision from the Office of the Data Protection Commissioner (ODPC) highlights the vital need for strict adherence to data protection principles. This case, ODPC Complaint No. 616 of 2024, […]

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ODPC Complaint No. 1085 of 2023: Data Protection Breach in the Medical Sector

A Critical Examination of Privacy Obligations in Healthcare In a recent decision, the Office of the Data Protection Commissioner (ODPC) in Kenya addressed a complaint involving sensitive medical data in ODPC Complaint No. 1085 of 2023. The case, Grace Gatambu v. AAR Healthcare Kenya Limited, sheds light on the critical data protection obligations healthcare providers must uphold,

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Data Protection in Employment Investigations: Lessons from Mwangi v ABSA Bank Kenya PLC

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

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Ensuring Integrity and Tax Compliance: The Impact of the CA’s New Directive on Mobile Devices in Kenya

As technology becomes increasingly integral to daily life, the Communications Authority of Kenya (CA) is stepping up to enhance the integrity and tax compliance of mobile devices. This bold initiative aims to curb illegal trade, protect consumers, and promote transparency within the mobile device market. Beginning January 1, 2025, a series of stringent regulations will

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Data Protection Commission Fines LinkedIn Ireland €310 Million Over GDPR Violations

Background: On October 22, 2024, the Irish Data Protection Commission (DPC) issued its final decision following an inquiry into LinkedIn Ireland Unlimited Company (LinkedIn). The inquiry, which began in response to a complaint by the French Data Protection Authority, investigated LinkedIn’s processing of personal data for behavioral analysis and targeted advertising purposes, specifically the lawfulness,

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A Comprehensive Guide to Trademark Registration in Kenya

Introduction A trademark is a valuable form of intellectual property that distinguishes your goods or services from those of others. It can be a symbol, logo, word, or combination of these elements that represent your brand. While not mandatory, registering a trademark is highly advisable, as it provides legal protection and ensures exclusive use of

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The Role of the Lawyer/Advocate in Mediation

In today’s fast-paced and ever-evolving legal landscape, mediation has emerged as a powerful tool for resolving disputes efficiently and amicably. Unlike traditional litigation, mediation fosters collaboration, understanding, and mutually beneficial outcomes. Central to this process is the role of the lawyer or advocate, whose expertise and guidance are invaluable in navigating the complexities of mediation.

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CAK Slaps Mogo Auto with KES 10.8 Million Penalty for Misleading Customers: A Victory for Consumer Protection in Kenya

Introduction: In a landmark ruling issued on October 4, 2024, the Competition Authority of Kenya (CAK) penalized Mogo Auto Limited, a prominent asset financier in the country, with a KES 10.8 million fine for violating key provisions of the Competition Act. This decision comes after Mogo was found guilty of engaging in false and misleading

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Migori County Assembly Fined KES 900,000 for Breaching Privacy Laws: A Data Protection Wake-up Call

Case Summary: ODPC Complaint No. 1080 of 2024 Against Migori County Assembly Introduction: In ODPC Complaint No. 1080 of 2024, the Complainant, Allan Chacha, lodged a complaint against the Migori County Assembly for unlawfully disclosing his personal data. The personal data, contained in his curriculum vitae (CV), was published on the Migori County Assembly’s public website

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Understanding Casual Employment and Conversion to Regular Employment in Kenya

In Kenya, the legal framework governing employment relationships provides clear guidelines regarding casual employment and the conversion of casual labor to permanent employment. The case of Ruth Ndeto Mwiso v Vegpro (K) Limited [2022] KEELRC 1538 highlights key issues in the nature of casual employment and its transformation into regular employment under the Employment Act. The case

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