Case Note
Otieno v University of Nairobi & 8 Others
A university employee alleged his phone had been accessed and the information used to terminate his employment, in violation of Articles 28 and 31. He had lodged a complaint with the Data Protection Commissioner — and then filed a constitutional petition on largely the same facts just four days later, before the ODPC's own 90-day statutory investigation window under Section 56(5) had even begun to run. The Court dismissed the petition, holding that running parallel proceedings on the same complaint amounted to forum shopping and offended both the doctrine of exhaustion and constitutional avoidance.
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.