By Linet Amuli - Reporter
Kenya, 10 November 2025 - The Office of the Data Protection Commissioner (ODPC) has imposed a fine of Sh700,000 on Liquid Telecommunications Kenya Ltd after determining that the company unlawfully collected, processed, and retained personal data without obtaining consent from the data subject. This decision marks one of the most recent and significant enforcement actions taken under Kenya’s Data Protection Act, 2019, a law designed to safeguard the privacy and personal information of citizens.
According to the ODPC’s determination, Liquid Telecom was found guilty of breaching data protection principles in its handling of the personal information belonging to Mr. Andrew Alston, the complainant in the case.
The company reportedly recorded, stored, and used Mr. Alston’s personal data without his explicit consent, a key requirement under the Act. Furthermore, when the complainant exercised his right to request the deletion of his data, the company failed to comply within a reasonable period, violating the right to erasure provided under the law.
In her ruling, Data Commissioner Immaculate Kassait underscored that Liquid Telecom had not only failed to inform the complainant about how his personal data would be used but also neglected to act on his request for deletion in a timely manner. She emphasized that such actions contravened Section 26(a) of the Data Protection Act, which guarantees every data subject the right to be informed about the intended use of their personal information, and Section 40(1)(b), which provides the right to erasure upon request.
“The company’s continued processing of the complainant’s personal data for over a year after receiving a deletion request demonstrates a clear disregard for lawful and fair data handling practices,” Kassait noted in the decision. She further stated that Liquid Telecom’s inaction amounted to a serious infringement of data protection principles, which demand accountability, transparency, and respect for the rights of data subjects.
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The ODPC’s investigation revealed that despite being duly notified of Mr. Alston’s request for erasure, Liquid Telecom failed to take any meaningful steps to delete or stop processing his data. This inaction persisted for a period exceeding one year, a delay the regulator described as both unreasonable and unlawful.
As a result, the ODPC ordered Liquid Telecom to compensate Mr. Alston with Sh700,000 for the violation of his rights. The regulator also issued an Enforcement Notice compelling the company to fully comply with Kenya’s data protection framework and to implement corrective measures to prevent similar violations in the future.
“The ODPC has established that the respondent processed personal data without any lawful justification. In line with its mandate to uphold data protection principles, the Office hereby directs payment of compensation to the complainant and issues an Enforcement Notice to guarantee compliance moving forward,” the determination read in part.
The ODPC has previously taken similar actions against entities that violated data privacy rights, including issuing warnings, imposing fines, and demanding corrective measures. This latest ruling continues to demonstrate the regulator’s resolve to promote a culture of compliance and protect the rights of individuals whose data may be at risk.
By ordering compensation and enforcing compliance, the ODPC aims to send a clear message: data protection is not optional; it is a legal obligation and a cornerstone of ethical business practice in Keny
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