Case Note
Irungu v Lintons Academy
Months after an ODPC award of KES 750,000 for unauthorised commercial use of a complainant's image, the respondent had filed an appeal but never prosecuted it — and never sought a stay. The Court adopted the ODPC's determination as a decree and granted leave to enforce it immediately, holding that Regulation 14(5) makes ODPC awards binding and enforceable as court orders, that an appeal does not automatically suspend enforcement under Order 42 Rule 6, and that a separate, express stay application is always required.
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