Undisclosed witness evidence sinks a KES 400,000 award

A lender's sales agent allegedly obtained a complainant's vehicle details from the company's own database and used them to cold-call him about a loan he had never sought. The ODPC investigated, found the agent had indeed accessed the data without consent, and ordered KES 400,000 in compensation plus a recommendation to prosecute the company's directors. On appeal, the fatal flaw was not the finding of liability — it was that the Commissioner relied on additional evidence from the sales agent that was never served on the lender, and never gave it a chance to cross-examine or rebut that evidence before deciding the case. The Court held that Articles 47 and 50 are "the bedrock of Kenyan jurisprudence," not a technicality to be waived, and set the whole determination aside on that basis alone — while also flagging that KES 400,000 looked high absent proof of actual loss.