Former DCI George Kinoti’s son was awarded Ksh 700,000 after Data Commissioner ruled Ceres Tech Ltd violated his rights by linking him to a fraudulent Ksh 8,000 loan.
The Data Commissioner awarded the former Director of Criminal Investigations George Kinoti’s Son a compensation cost of the said amount after ruling that Ceres Tech Limited violated his rights by calling him demanding an alleged loan of Ksh 8,000.
In the case, Antony Mwenda the son to former DCI George Kinoti had lodged a complaint against Ceres Tech Limited after the company called him demanding payment of a loan that Mwenda claimed he was not party to.
According to Mwenda, Ceres Tech contacted him on November 14, 2023, via WhatsApp informing him that he had a loan from the company.
He however informed the company that he never borrowed the alleged loan. The company however denied the said information and insisted that he had taken a loan with it using a mobile number allegedly registered to his ID number.
Mwenda informed the company that the said mobile number was not his although the ID number which fraudulently used to register the said number was his, but he could not understand how his ID was fraudulently used.
The company defied all attempts by Mwenda to shed light to it that the case was a fraud.
He then reported the matter to Central police station and informed police that the company had provided false information contrary to the Law.
He later reported the matter to the DCI cybercrime unit who contacted investigation leading to the arrest of the owner of the number which had borrowed the said loan.
The arrested suspect confessed to taking the loan but informed DCI that he had long settled the loan with the company.
The company later denied contacting the former DCI Boss’s son.
Upon hearing the case, the Data Commissioner ruled that Ceres Tech Limited violated Mwenda’s right to be informed by collecting mobile number and ID from a third party and failing to inform him that his National Identification Card details were collected for the purpose disbursement of a loan its customer.
The commissioner also ruled that Ceres Tech ought to have complied with Mwenda’s request and stopped contacting him.
“Ceres Tech Limited internationally and/or negligently ignored the complainant’s objection and continued contacting him even after he had objected to the processing of his personal data.” ruled the data commissioner.
Further, it was the commissioner’s findings that Ceres Tech Limited failed to take reasonable steps to ensure that the National ID number attached to the loan was accurate and reliable.
Mwenda in his pleadings prayed to be compensated Ksh 3 million, however the office of the data commissioner declined the Ksh 3 million award and ordered the company to pay him Ksh 700,000 as compensation for the unlawful processing of his personal data and violation of his rights to be informed.
Further, the commissioner recommended for the prosecution of the company for the obstruction of justice and giving false and misleading information.
