Man Ordered to Pay Neighbour Ksh200K Over Installed CCTV Camera 

A man has been ordered to pay his neighbour Ksh200,000 in damages after the Office of the Data Protection Commissioner (ODPC) ruled that the placement of his CCTV camera violated the neighbour’s right to privacy.

In her ruling issued on a complaint lodged in July 2025, Commissioner Immaculate Kassait noted that security systems such as CCTV must comply with the requirements of the Data Protection Act of 2019.

The complaint stemmed from allegations that the man installed CCTV cameras in their compound in a manner that intruded upon the complainants’ private residence.

According to the complainants (Lilian Nyawira and John Gitahi), two of the cameras' fields of view allegedly extended into their kitchen and surrounding areas, capturing private and domestic activities within their home since mid-2021. 

They contended that this prolonged surveillance caused them stress, emotional, and psychological distress.

Despite multiple attempts to resolve the matter amicably, including engagement through the area chief and legal representation, the complainants noted that the intrusion continued, forcing them to escalate the matter to the ODPC.

On his part, the man defended the decision to install CCTV in their compound, stating the camera was installed following an attempted burglary and was intended for security purposes.

The man even stated to have voluntarily adjusted the camera in July 2025 as a gesture of goodwill.

However, the Data Commissioner found that the respondent had violated several core principles of the DPA, specifically Section 25, which requires personal data processing to be lawful and fair.

“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,” read the ruling in part.

“The Respondent did not demonstrate that they ensured the camera's range did not capture neighbouring property. This failure breached the principles of privacy, lawfulness, fairness, and data minimisation under Section 25(a), (b), and (d) of the Act.”

As a result, the man was ordered to pay the 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 from the data controller. The section indicates that damage included financial loss and damage not involving financial loss, including distress,” read the ruling in part.

"In this context, the respondent is hereby ordered to pay the Complainant Ksh200,000 for the infringement of his rights under the Act."

What this means: This ruling sets a precedent for every Kenyan homeowner. The right to security does not override the fundamental right to privacy. When installing home security cameras, one must ensure their view is strictly limited to your property to avoid breaching the privacy of the neighbour.