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Case Note

Case Notes & Commentary
ODPC & High Court, Kenya
One ruling, digested on its own — the facts, the holding, and the practice point
[2026] KEHC 8168

Employment-linked data disputes may not belong in the High Court at all

Paprika Limited v Office of the Data Protection Commissioner & Another

Leave for judicial review denied Case Note Data Protection · Administrative Law
By the Editorial Board, Muchangi Patrick & Co. Advocates

An employer used a staff member's likeness in promotional video under a term in his employment contract; after he absconded, he complained to the ODPC about the video's continued use. The employer sought judicial review of the resulting determination, but had already let its employee file a Section 64 appeal against the same decision — filed seven days before the judicial review application. The Court dismissed the judicial review bid on three independent grounds: an appellate remedy existed and hadn't been shown to be inadequate, running parallel proceedings against the same decision was an abuse of process, and — because the dispute was rooted in a contract of employment — the matter properly belonged before the Employment and Labour Relations Court, not the High Court, under Articles 162(2) and 165(5).

Practice pointWhere personal data processing is bound up with an employment contract, check ELRC jurisdiction before filing anywhere else — and never run an appeal and a judicial review against the same determination at the same time.
Cite this page: Muchangi Patrick & Co. Advocates, "Employment-linked data disputes may not belong in the High Court at all: Paprika Limited v Office of the Data Protection Commissioner & Another" (dataprivacyadvocates.co.ke, 2026) <https://dataprivacyadvocates.co.ke/case-paprika-limited-v-office-of-the-data-protection.html>.
How this touches a live ODPC matter

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.

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