Vicarious liability holds — but so does proportionality

Independent sales agents kept texting a woman who had formally asked to be removed from marketing lists, despite the lender's denial that her number was even in its system. The Court affirmed liability: agents acting within the scope of their delegated authority make the principal vicariously liable, and a lender that fails to produce its actual agency agreements can't complain when adverse inferences are drawn against it. But the Court also revised the KES 650,000 award down to KES 200,000, reasoning that an award pitched at a level that risks forcing closure of a smaller lender is punitive rather than compensatory, and out of step with prevailing economic conditions.