Posts

Show Me What You Hold

Image
                                                                   By Tim Munyi Mugo, Advocate In Part 2 of this series, I introduced you to the Treasurer who posted a chama members Kshs. 500 arrears on the group alongside the M-pesa statement. Now, today, three days after the Treasurer pressed send, the member is still being greeted at the market with a smile that says someone knows where his Fridays go. So he does what nobody in the group expected. He walks to the Treasurer and asks for two things. Show me everything you hold on me. And take that statement down. The Treasurer answers the way most controllers would. It is only WhatsApp, he says. Everyone already has it, and what has been posted cannot be unposted. Section 26 gives the member his opening move. THE RIGHTS   |   Section 26, ...
Post a Comment
Read more

By Continuing, You Agree

Image
The Law You Live, Season 2, Part 2 By Continuing, You Agree By Tim Munyi Mugo, Advocate* More often than not, and without fully engaging our minds, we walk into banks, Saccos, hospitals, national libraries and every other place where we need a service, and a form slides across the counter. Without much ado, we sign at the bottom, and almost without noticing, we skip the middle. The word on trial today is consent . It is the most abused word in Kenyan compliance, invoked to justify almost everything by people who have rarely read what it means. THE DEFINITION   |   Section 2, Cap 411C. Consent is any manifestation of express, unequivocal, free, specific and informed indication of the data subject’s wishes, by a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to the data subject.   Five adjectives: express , unequivocal , free , specific and informed . Hold that definitio...
Post a Comment
Read more

Who Told Them?

Image
The Law You Live, Season 2, Part 1 Who Told Them? By Tim Munyi Mugo* “Congratulations! You qualify for Kshs. 60,537 PCASH Business Loan today. To get, Dial *321*5# Apply Instantly & repay in 90days or visit PCASH app”. This arrives on a random Tuesday morning, promising a loan you never applied for, from a digital lender you have zero idea about, on a number you can swear with someone’s grave you never shared for that purpose. The natural reaction is a shrug and a delete. The correct reaction is a single question. Who told them? That question is in substance, the entire Data Protection Act, Cap 411C. It is also a question my own industry must answer about its own customers, and I will come to that. Personal data is anything from which you can be identified. Your name, your mobile number, your ID, your photograph, your location, your M-Pesa history, or even your meter reading. You are the data subject . Whoever decides what is done with that information is the da...
Post a Comment
Read more