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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 8674

Recording evidence isn't thrown out on a Data Protection Act objection at the preliminary stage

Shah v Shah t/a John Cumming and Company & Another

Objection dismissed Case Note Data Protection · Administrative Law
By the Editorial Board, Muchangi Patrick & Co. Advocates

A shareholding dispute turned on a recording of a meeting the objecting party had willingly attended; the objection invoked Article 31 and the Data Protection Act to keep it out. The Court held that an objector must actually demonstrate how their privacy was infringed — a bare invocation of the Act isn't enough — and that questions about how evidence was procured are for full trial, not a preliminary skirmish. It also noted, usefully, that the Act's Regulations only commenced on 14 January 2022, which matters for recordings made before then.

Practice pointA Data Protection Act objection to evidence needs a specific, demonstrated privacy harm — not just a citation to Article 31 — and timing matters if the recording predates the Regulations.
Cite this page: Muchangi Patrick & Co. Advocates, "Recording evidence isn't thrown out on a Data Protection Act objection at the preliminary stage: Shah v Shah t/a John Cumming and Company & Another" (dataprivacyadvocates.co.ke, 2026) <https://dataprivacyadvocates.co.ke/case-shah-v-shah-ta-john-cumming-and-company-and-anot.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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