The 5th Respondent’s Case 33.The 5th Respondent in response to the application filed a replying affidavit sworn by Charles Wanjagi Mburu on 19th September 2023. Mr Wanjagi introduces himself as a director of the 5th Respondent. 34.In his affidavit, the deponent contends that the 5th Respondent was solely involved in marketing Worldcoin in Kenya and not involved in the collection or processing of personal data. He also asserts that the Applicants, who are not natural persons, lack locus standi under the Data Protection Act, 2019, as data subjects are defined as natural persons and that therefore, only natural persons can lodge complaints under the Act. The 5th Respondent further reiterates that the Applicants failed to exhaust the remedies available under the Data Protection Act before seeking judicial review, as required by Section 9 of the Fair Administrative Action Act, 2015. 35.The 5th Respondent further challenges the Applicants' claims regarding consent, asserting that users had the ability to withdraw consent and delete their data through various official channels. Moreover, that a Data Protection Impact Assessment (DPIA) was not required under Section 31(1) of the Act as it would only be mandatory in very specific instances. The 5 th Respondent urges that the Applicants have not shown that their complaints meet the threshold required under the said section. Page 14 of 84