A recent ruling that bears the potential to redefine corporate accountability has seen Internet Service Provider (ISP) Zuku ordered to compensate a customer Sh500,000 for spamming his device with unsolicited promotional messages many years after he ditched their services.
In addition to the fine, Zuku’s directors face potential prosecution from the Office of the Data Protection Commissioner, after failing to comply with a search warrant issued by a court of law, which gave them the right to probe their office.
The case may set precedence for tough conversations surrounding lawsuits, against Zuku and other firms who have been endlessly flouting data privacy compliance and consumer rights.
The complaint against Zuku’s promotional messages was filed by Yasin Abubakar on November 18th, 2024 who stated that he was no longer a client of the internet provider at the time.
He says the company consistently sent him messages, despite his demands via calls, emails and even physical presence complaints at their offices, to delete his data.
The matter was further escalated after the complainant noted that the customer service email address on Zuku’s website was inactive and any efforts to address the issue with Zuku bore no fruit.
Home internet charges for various companies in Kenya
The company, owned by Wananchi Group, told the data protection watchdog that an audit of their systems and records indicates no complaints and pleas for data deletion from an individual named Abubakar Yasin.
The regulator further probed the matter by visiting Zuku’s premises on Tuesday last week. Immaculate Kassait, the Data Commissioner, stated her officers were denied from accessing digital records and systems despite providing a search warrant.
“The respondent (Zuku) was uncooperative and refused to comply with the court order granting the Office (ODPC) access to search the respondent’s premises, digital and manual records, system(s) and database(s),” read the report by the Data Commissioner.
“Faced with the lack of cooperation by the respondent, the Office was not able to verify the respondent’s assertions, particularly that they did not have the complainant’s records. As such, the respondent’s response to the complaint herein remained to be mere denials.”
The February 15th, 2025 ruling is a win for Zuku’s aggrieved ex-customer. Both parties can appeal the decision at the High Court within 30 days.
