Edith Andeso v Olerai Schools

Complaint dismissed. ODPC, 31 July 2023.

Record ID: ke-odpc-2023-0010
Case reference: ODPC Complaint No. 725 of 2023
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Edith Andeso
Date decided: 31 July 2023
Respondent type: private
Sector: education
Violations: unauthorised image/photo use, lack of consent, commercial use of personal data, failure to respond to erasure request, unlawful processing
Provisions cited: s.25 DPA 2019, s.29 DPA 2019, s.32(1) DPA 2019, s.40 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019
Outcome: complaint dismissed
Status: final
Source: Official document ↗
Source integrity: SHA-256 5add4724748e2b68…
Record verified: 30 July 2026

The facts

The complainant alleged that Olerai Schools used her photograph to advertise the school on its Facebook page in January 2023 without her consent or approval. Citing case law on unclear consent and prompt removal, the Office found no material demonstrating that she suffered loss.

Orders and outcome

The prayer for compensation was declined and the complaint dismissed, with the right of appeal to the High Court of Kenya. Dated July 2023.

CONSENT · DISMISSED · EDUCATION · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

Cite this decision

ODPC (Kenya), Edith Andeso v Olerai Schools, ODPC Complaint No. 725 of 2023, determination of 31 July 2023. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2023/olerai-schools/ (accessed 30 August 2026).

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