A couple in Nairobi has been ordered to pay their neighbour Ksh200,000 after the Office of the Data Protection Commissioner (ODPC) found that their CCTV system intruded into the neighbour’s home for nearly four years, amounting to a violation of privacy rights.
In the ruling, Data Protection Commissioner Immaculate Kassait ruled that the placing of cameras was a breach of the neighbour’s constitutional right to privacy. Kassait said that although homeowners may install CCTV for security purposes, such systems must completely conform to the Data Protection Act 2019. The decision follows a complaint filed back in July 2025.
The complainants, Lilian Nyawira and John Gitahi, accused their neighbors of installing CCTV cameras such that two of the cameras captured activities in their kitchen and other personal spaces. They informed the ODPC that since mid-2021, the surveillance had recorded domestic routines and personal moments within their home without their consent.
They reported feeling constant anxiety, emotional distress, and psychological discomfort in their own home because of being watched. Despite repeated attempts at settlement through the area chief, negotiations, and legal representation, the intrusion allegedly continued. With no resolution in sight, they escalated the issue to the ODPC.
The respondents defended their actions, claiming they installed the CCTV system after an attempted burglary and insisted the cameras served only a security purpose. They further argued that they adjusted one of the cameras in July 2025 “as a gesture of goodwill.”
However, the ODPC found the defence insufficient. The Data Commissioner ruled that the respondents breached important principles in the Data Protection Act. Kassait reasoned that the couple breached Section 25 of the Act, which requires that personal data be collected and processed lawfully, fairly, and only to the extent necessary.
“The Respondent relied on legitimate interest under Section 30(1)(b)(vii) of the Act, claiming that the CCTV system was installed for security. While the Office acknowledges that security is a legitimate purpose, it must be pursued proportionately and within the confines of the law,” the ruling stated.
Kassait added that the respondents did not show efforts to ensure the cameras did not capture activities beyond their property. “This failure breached the principles of privacy, lawfulness, fairness, and data minimisation under Section 25(a), (b), and (d) of the Act.”
Consequently, the ODPC ordered the couple to pay their neighbour Ksh200,000 for general damages. “Section 65 of the Act provides that a person who suffers damage by reason of a contravention of a requirement of the Act is entitled to compensation for that damage… including distress,” the ruling read.
The decision now serves as a stern reminder for all homeowners that while one has to protect his or her property, surveillance mustn’t cross into compromising a neighbour’s right to privacy. Cameras for home security must be strictly within the premises to avoid violating the law.
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