Enforcement) Regulations, 2021 can lodge such a complaint. Section 2 of the Act is said to define a "data subject" as an identified or identifiable natural person who is the subject of personal data. 64.Therefore, according to the 6th Respondent, the ODPC lacks the jurisdictional capacity of a tribunal competent to address the Applicants’ complaint as envisaged under Section 9(2) and 9(4) of the Fair Administrative Action Act (FAA), hence the application does not fall afoul of the exhaustion doctrine under Section 7(b) of the FAA. 65.As to the alleged failure to apply for leave to serve summons outside Kenya, it was submitted that Order 5 Rule 21 of the Civil Procedure Rules allows for such service to notify the defendant of the action and afford them time to enter appearance. The 6th Respondent relies on the case of Paulina Wanza Maingi v Diamond Trust Bank Limited & another [2015] eKLR, cited with approval by Majanja J. in Amina Hersi Moghe & 2 others v Diamond Trust Bank Kenya Limited & another [2021] eKLR, where the Court is said to have held that summons to enter appearance are meant to inform a defendant of the procedural steps required and the consequences of non-compliance. 66.The 6th Respondent also refers to Order 5 Rule 8(2) which is said to allow for service of summons on an advocate with instructions to accept service. In this case, it is contended that the 1st to 4th Respondents filed a memorandum of Page 25 of 84

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