Case Note
Thika Water & Sewerage Company Limited v Korir
A public utility company sought leave to appeal an ODPC determination 21 days out of time, attributing the delay to its own public procurement process for hiring advocates. The complainant argued this was an unsupported internal administrative excuse. The Court accepted the explanation, taking judicial notice that public procurement for legal services genuinely takes time, held the 21-day delay was not inordinate, found the intended grounds of appeal arguable on both liability and quantum, and granted leave to appeal together with a stay — conditional on the appellant depositing the decretal amount in court.
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.