Looks to me like the backsplash is a recent addition.

The duplex might have been there for a long time, and if it was installed previous to the requirement for GFCI protection, it is not a violation, although a suggestioncould be made to add the protection. It also could be a downstream device from a GFI receptacle or C/B.

Looks like it's time to take a chain saw to the backsplash, and let the countertop guy fix the results [Linked Image]