Karume [1992] 1 KLR 425, Cyrus Komo Chege v Karinga Njoroge Gachoka & 2 others [2015], Geoffrey Muthiga Kabiru & 2 Others v Samuel Munga Henry & 1756 Others [2015] eKLR, Mutunga Tea & Company Limited v Shikara Limited & Another [2015] eKLR and Republic v. Public Procurement Administrative Review Board & Energy Sectors Contractors Association, Zoec-Zhepede-Nginu Ex-parte Kenya Power & Lighting Company Limited [2020] eKLR. 27.The 1st to 4th respondents also rely on the case of Night Rose Cosmetics (1972) Ltd v Nairobi County Government & 2 others [2018] eKLR where the court is said to have observed that section 9 of the Fair Administrative Action Act is couched in mandatory terms. 28.The Respondents further assert in contention that although the court in the case of Republic v Joe Mucheru, Cabinet Secretary Ministry of ICT and 2 others; Katiba Institute (Ex parte) [2021] eKLR, observed that the complaint process under the Data Protection Act is accessible primarily to data subjects, the Applicants were not without recourse, as they could have invited the 6 th Respondent (DPC) to initiate investigations suo motu under section 8(1)(e) of the Data Protection Act. 29.On the merits of the application, it is contended by the 1st to 4th Respondents that a Data Protection Impact Assessment (DPIA) was submitted to the Data Page 12 of 84

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