Momentum Credit Limited has been ordered to compensate a woman with KSh500,000 after the Office of the Data Protection Commissioner (ODPC) found that the lender unlawfully sent her promotional text messages without consent.
In a determination , the Data Commissioner ruled that the company violated the complainant’s right to privacy by repeatedly sending unsolicited marketing SMS messages despite her express objection.
Woman Says She Never Consented
The complainant, identified in proceedings as Mary Ogwena Immaculate, told the regulator she had never been a customer of the lender and had not authorised the use of her mobile phone number for marketing purposes.
She reported receiving more than 50 promotional messages between February and May 2025. According to her complaint, the messages continued even after she demanded that the communication stop.
She argued that the persistent texts caused distress and amounted to harassment rather than legitimate marketing.
Company Denied Responsibility
Momentum Credit denied processing her personal data and claimed the messages did not originate from its official systems. The lender further argued that the phone numbers cited were not linked to its authorised representatives.
However, the ODPC determined that the messages promoted the company’s financial products and were attributable to its marketing network, holding the lender responsible for the actions of its agents.
Breach of Data Protection Act
The regulator found that the continued use of the complainant’s phone number for commercial promotion without consent breached Sections 26, 30, and 37 of the Data Protection Act, 2019. These provisions require a lawful basis for processing personal data and guarantee individuals the right to object to direct marketing.
As a result, the Data Commissioner ordered Momentum Credit Limited to pay KSh500,000 in compensation for unlawful processing of personal data and the distress caused. An enforcement notice will also be issued to ensure compliance with data protection laws.
Both parties have the right to appeal the decision at the High Court within 30 days.
