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Mutunga claimed that SportPesa’s website design required unnecessary personal information—such as an ID number, date of birth, and physical address—for account deletion, which obstructed his right to erase his data. Evidence revealed that the company misled the Data Commissioner and was uncooperative during the investigation process.
The ODPC ordered SportPesa to compensate Mutunga KES 350,000 (approximately $2,700) for distress caused by the violation, noting that this amount was significantly less than the KES 1,000,000 he had requested.
Adding to the gravity of the ruling, the ODPC recommended prosecution against SportPesa’s directors for obstructing the Data Commissioner’s work under Section 61 of the Data Protection Act.
Both parties have 30 days from the day of the ruling to appeal the decision to Kenya’s High Court.