78. I am of the considered view and I so hold that the right to fair administrative Action under article 47 of the Constitution will be promoted if the complaint is reconsidered. Orders: 1. An order of certiorari is hereby issued to remove to this court for of quashing the decision of the oce of the Data Protection Commission dated January 6, 2023,in respect of the Reference No Odpc/ conf/1/5/v01 1(112), Odpc Complaint No 677 of 2022 Allen Waiyaki Gichuhi & Charles Wambugu Wamae v Florence Mathenge and Ambrose Waigwa. 2. Prayer D is disallowed. 3. Prayer E,F and G are granted as prayed. 4. An order of mandamus is hereby issued compelling the respondent to readmit for fresh investigations the applicants complaint dated July 20, 2022. 5. The respondent shall complete the fresh investigations within 30 days from the date of readmission. 6. Costs to the applicants. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MAY 2023 J. CHIGITI (SC) JUDGE kenyalaw.org/caselaw/cases/view/258092/ 16

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