Nairobi Firm Fined Sh450,000 for Using Lecturer's Data in CBK Tender Bid

Geosky Services Limited, a property valuation firm based in Nairobi, has been ordered to pay KSh 450,000 in damages for the unauthorized use of a lecturer’s personal data.

The ruling was issued by Data Commissioner Immaculate Kassait following a complaint from Ayub Odanya Naburi, a lecturer at the University of Nairobi. The company utilized Mr. Naburi's resume and academic certificates without consent in their bid for a tender with the Central Bank of Kenya (CBK), falsely presenting him as an employee. This violation came to light when the CBK requested verification of Mr Naburi’s qualifications from the Institute of Surveyors of Kenya, leading to an investigation that revealed one of Geosky Services' directors had illicitly accessed Mr Naburi’s information.

“The respondent is hereby found liable for using the complainant’s personal data without a lawful basis and for denying the complainant an opportunity to exercise his right to be informed before processing of his personal data,” noted Data Commissioner Immaculate Kassait in a ruling.

By misrepresenting Mr. Naburi’s credentials, the company sought to enhance its prospects of winning a tender for providing professional valuation services. The ramifications of this incident extend beyond financial compensation; Mr Naburi had reported reputational harm due to the unauthorized circulation of his credentials within professional circles. The Data Commissioner's ruling not only sides with Mr Naburi but also emphasizes the critical importance of data protection and the consequences of its misuse.

Geosky Services did not win the CBK tender but has previously secured contracts with other government entities, including Kenya Reinsurance Company and Kenya Development Corporation. This history raises concerns about the integrity of its submissions and whether similar deceptive practices have potentially influenced past awards. The company's directors—Joel Cheburet Toroitich, Hillary Kigen Koech, and Dominic Kiprop Swai—are now at risk of prosecution for their involvement in the breach of Mr. Naburi’s personal information.