Case Note
Vihiga College of Business & Technical Training v Data Commissioner
A small educational institution sought a stay of a Kshs 100,000 administrative fine for non-compliance with an ODPC Enforcement Notice, arguing immediate payment would severely strain its finances and that it had begun taking compliance steps. The Court found the statutory window to challenge the Penalty Notice had already lapsed by the time the application and appeal were filed, no formal application to extend time had been made, and that equitable considerations of hardship cannot be used to override a clear statute of limitation.
Whether you are defending a complaint, appealing a determination, or bringing a privacy claim of your own, the forum you choose and the procedural record you build early usually decide the outcome.
Muchangi Patrick & Associates Advocates represents complainants and respondents before the Office of the Data Protection Commissioner and on appeal, judicial review and constitutional petition before the High Court.
Institutions holding staff, member or student records face the same exposure. Our Data Audit Checklist is a practical starting point for mapping what personal data you hold and why.
Muchangi Patrick & Associates Advocates