5 prejudice any of the party, so the cases cited by the respondent have different circumstances to this case at hand. On the issue of Section 39 of the protection of data he submitted that this Act was in force on 13 June 2023 and his plaint was filed on 11/05/2023 a month before, he added that the Act has Rules "Kanuni za kushughulikia malalamiko ya ukiukwaji wa msingi wa ulinzi wa taarifa binafsi, tangazo la Serikali No 349 la tarehe 12.05.2023, in Rule 5 sub rule 1Cc)which provides: Baada ya kumalizika kwa tathmini ya lalamiko chini ya kanuni ya nne tano tume inaweza kukataa lalamiko iwapo suala linalolalamikiwa lipo katika mahakama, baraza, usuluhishi au chombo chochote cha utoaji haki. Therefore, according to this rule the commission will not have jurisdiction and even if it had, till to date there is no Personal Protection Data Commission instituted. He added that the English subsidiary legislation came into force after being gazetted on 13/06/2023 after filing this suit. He lastly submitted that the cause of action is on tort of negligence and not privacy disputes hence this court has jurisdiction, and prayed to dismiss this Preliminary Objection with costs. Page 5 of 12