Three complainants alleged that Accessorize With Style continued to use their images for branding and advertising after their contract had lapsed. The Office found their images were used in the respondent's in-store branding for commercial purposes without express consent, and noted the alleged contract was never adduced, so the duration of the infringement could not be ascertained.
Orders and outcome
The respondent was found liable and ordered to pay each complainant Kenya Shillings Five Hundred Thousand Shillings (Kshs. 500,000), a total of Kenya Shillings One Million, Five Hundred Thousand Shillings (Kshs. 1,500,000). It was also directed to ensure data subjects are notified when their personal data is collected and that express consent is obtained, especially for commercial use. Dated 22 April 2024.
CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD
Cite this decision
ODPC (Kenya), Wendy Mwatha & 2 others v Accessorize With Style, ODPC Complaint No. 0151 of 2024, determination of 22 April 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/accessorize-with-style/ (accessed 30 August 2026).