2021, which allow a data subject to lodge a complaint with the Data Protection Commissioner. They further argue that the Applicants should have first sought redress from the 6th Respondent, who has primary jurisdiction over data privacy and protection disputes. 24.According to the 1st to 4th Respondents, the 6th Respondent initiated an investigation into the 1st and 2nd Respondents' operations sometime on 2nd August 2023 under ODPC Complaint No. 1394 of 2023. That the investigations are said to have led to a Notice to Show Cause and a subsequent Enforcement Notice issued on 6th September 2023 and the subsequent cancellation of the 1st and 2nd Respondents' Data Controller Registration Certificates for breaching the Data Protection Act. The Respondents argue that the Applicants’ case is premature, as they are undertaking an ongoing review of the 6th Respondent’s Investigation Report and Enforcement Notice which will inform a decision on the next steps forward in due course. 25.The 1st to 4th Respondents rely on the Court of Appeal decision in Kenya Ports Authority v. Modern Holdings (E.A.) Limited [2017] eKLR to emphasize that jurisdiction is a foundational issue that can be raised at any stage of the proceedings. 26.In support of the doctrine of exhaustion, the 1st to 4th Respondents rely on the following well known cases: Speaker of the National Assembly v Njenga Page 11 of 84

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