Case Note
Barasa v CSI Energy Group Limited
A former employee complained that his employer kept his image on its website and marketing platforms after his resignation, causing emotional distress. The employer said it removed the material promptly on notice and had acted in good faith. The Court did not reach the merits: the petitioner had never lodged a complaint with the ODPC before going straight to a constitutional petition, and the core of the grievance was a data protection complaint squarely within the ODPC's mandate. The Court declined jurisdiction on the doctrine of exhaustion.
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 & Co. 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.
Muchangi Patrick & Co. Advocates