You can't plead your way into jurisdiction and object your way out of it

A police officer sued after his salary was wrongly deducted for a loan he never took, adding claims of unlawful collection of his passport photo, ID, salary details and M-Pesa statements. The lender later objected that only the Data Commissioner had original jurisdiction over such claims. The Court didn't reach that question on the merits, because the lender's own defence had admitted the Court's jurisdiction in an earlier paragraph — a party cannot take an inconsistent factual position in the same suit without amending its pleadings first. The Court added, independently, that a claim combining constitutional and common-law wrongs with a Data Protection Act element is not "purely statutory" and survives on that basis too.