Liquid Telecommunications Kenya has been ordered to compensate its former employee Sh700,000 for unlawfully recording and processing his personal data during a Zoom meeting.
In a decision rendered by Data Commissioner Immaculate Kassait, the Office of the Data Protection Commissioner (ODPC) found that the company violated data protection principles of consent and purpose limitation after it secretly recorded the meeting and later used the recording as evidence in an arbitration case filed in South Africa without the employee’s consent.
The complaint was filed by the company’s former employee Andrew Alston on August 25,2025 who accused the company of breaching his right to privacy under the Data Protection Act, 2019.
Data Commissioner Kassait said the company failed to meet its legal obligations in the handling of personal data, stressing that the law requires organizations to obtain consent before collecting or processing any individual’s information.
“The Respondent did not fulfill its obligations provided for under the Data Protection Act,” Kassait stated in her determination.
“Considering the nature of the personal data, the extent of the unlawful processing, and the conduct of the Respondent, this Office orders that the Complainant be compensated Sh 700,000.”
She further noted that the ruling should serve as a reminder to organizations that personal data, including communications and recordings, must be processed lawfully, fairly, and transparently.
“Consent is a fundamental principle under the Data Protection Act. No entity should record, share, or use personal data without clear and informed consent from the data subject,” Kassait said.
In his case, Alston accused Liquid Telecom Kenya of secretly recording a consultation meeting he held with the company’s HR representatives and then sharing the recording for use in international arbitration proceedings which he had sued the firm’s Mauritius office following his retrenchment in 2024.
According to Alston, who had relocated to Kenya after securing full-time employment with the firm, he clearly refused to have the meeting recorded and was assured that the recording would be deleted.
“At minute nine I explicitly stated l did not consent to the recording of the call and I requested the recording to be deleted deleted immediately,” Alston told the Data Commissioner.
“ I was assured by the HR representative that it would be deleted, but it was later produced as evidence in arbitration proceedings without my permission.”
The Zoom meeting, which involved Liquid Kenya’s HR team and a London-based head of HR for the Liquid Group, was reportedly recorded despite Alston’s protest.
” We held a consultation call between myself and HR representatives of the company. I confirm that the call was heated and a lot of things were said,” he stated in his suit papers.
He later discovered that the same recording had been shared and used as part of evidence in an arbitration case against Liquid Telecommunications-Mauritius, a sister company of the Kenyan branch.
” I found out that in an arbitration in South Africa against Liquid Telecommunications-Mauritius over another matter, Liquid Kenya produced that recording as part of their evidence, misconstruing what was said on the recording,” the ex-employee stated.
Liquid Telecom Kenya, in its response, admitted to recording the meeting but argued that the recording was retained for evidentiary purposes in anticipation of arbitration proceedings.
“We confirm that indeed the virtual consultation call was recorded by the HR representative and Alston indicated that he had not consented to the recording,” the firm stated.
Subsequently, Alston requested for the recording to be deleted and the HR representative acknowledged the request and confirmed it will be deleted.
The company stated that the recording was securely stored and later withdrawn before the arbitration hearing began.
“The recording was restricted and securely retained to document certain proposals and threats made during the call,” the company said in its response to the Commissioner.
However, Data Commissioner Kassait ruled that the company’s actions were unlawful, emphasizing that consent is a central requirement under Kenya’s data protection framework.
She said the company had breached Alston’s rights under Article 31 of the Constitution of Kenya, which guarantees the right to privacy.
“The Respondent did not fulfill their obligations provided for under the Act,” Kassait stated.
The ODPC also issued an Enforcement Notice against Liquid Telecom Kenya, directing the company to comply with data protection requirements and implement stronger consent and privacy measures in future.
The ruling further reaffirmed that employees have the right to be informed about how their data is collected, used, or shared, and to request the deletion of their personal information when consent has been withheld.
The ODPC emphasized that both parties have the right to appeal the ruling to the High Court of Kenya within 30 days.
