MZIZI Compliance Bites

    Introduction : The Data Protection Act, of 2019 introduced us to the era of stringent data protection regulations. To that end, the handling of personal data has become a paramount concern for individuals and organizations alike.  In this article, we explore the impact of the ruling by the ODPC in Harrison Kisaka vs. Faulu Microfinance Bank Limited, ODPC Complaint No. 0586 of 2023 where the issue concerned the release to the Complainant, of a report detailing the outcome of a reference checking process concerning the Complainant. The report led to a rescission of a job offer previously issued to the Complainant.  The bank argued that the report is private.  The ODPC disagreed with the Respondent and ordered the release of the report to the complainant. Another example of disclosable minutes/reports and the implications thereof, is illustrated by the Nigel Farage Banking Row.  In this case, Mr Farage obtained a Coutts Bank (internal) report through ...

On 12 June 2023, the leader of the Majority Party published the Persons with Disabilities Bill, 2023 with Parliament. The Bill repeals the Persons with Disabilities Act, No.14 of 2003. The Act had a large focus on physical accessibility and employment of disabled persons but had certain shortcomings particularly on enforcement of rights. The review was essential in order to take into account the provisions of the Constitution of Kenya 2010. The 2023 Disabilities Bill The Bill defines persons with disability as including persons with permanent physical, mental, intellectual development or sensory impairments including visual, hearing or albinism which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others Employers shall not discriminate against a qualified person in recruitment, job application procedure, hiring, advancement and other terms, conditions and privileges. Discriminating against persons wi...