Alice Kamande v Bonface Mwangi Wahome Ta Sir Bonnie Brands

Complaint upheld; compensation ordered. ODPC, 19 December 2024.

Record ID

ke-odpc-2024-0116

Case reference

ODPC Complaint No. 1463 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Alice Kamande

Date decided

19 December 2024

Respondent type

private

Sector

general

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.26(a) DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.37(1) DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 750,000 (≈ USD 5,680 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 cb3757f1d654b59e…

Record verified

30 July 2026

The facts

The complainant alleged that Bonface Mwangi Wahome, trading as Sir Bonnie Brands, used her image on its Facebook page to advertise and promote a fashion design course without obtaining her consent. The ODPC found the respondent liable for violating her right to be informed and for using her personal data commercially without express consent.

Orders and outcome

The respondent was ordered to stop publishing the complainant's image in promotion of its fashion design course without her prior consent, to pay her Kenya Shillings Seven Hundred and Fifty Thousand (KES 750,000) as compensation, and to put in place clear consent mechanisms providing for withdrawal of consent. Dated December 2024.

CONSENT · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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