The complainant's image was used on Casa Vera Lounge's social media pages for publicity without her consent, and no written apology followed her demand letter. The Office found the respondent violated her rights, did not demonstrate the duty to notify, and did not satisfy the conditions of consent, noting that consent is required before using a person's image for commercial purposes. In mitigation, the respondent pulled the image down once she objected.
Orders and outcome
An enforcement notice was issued against the respondent. The Office declined the compensation of Kshs. 5,000,000 the complainant sought, on account of the respondent's mitigation in pulling down the image, and found a recommendation for prosecution not applicable. Dated July 2023.
ODPC (Kenya), Perpetual Wanjiku v Casa Vera Lounge, determination of 17 July 2023. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2023/casa-vera-lounge/ (accessed 30 August 2026).