Charles Charagu Kinyua v Calltronix Kenya Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 19 December 2024.

Record ID: ke-odpc-2024-0117
Case reference: ODPC Complaint No. 1517 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Charles Charagu Kinyua
Date decided: 19 December 2024
Respondent type: private
Sector: general
Violations: unauthorised image/photo use, commercial use of personal data, unlawful data disclosure, failure to respond to erasure request, unlawful processing
Provisions cited: s.25 DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.32(4) DPA 2019, s.34 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019
Outcome: complaint upheld; compensation ordered; enforcement notice issued
Compensation: KES 450,000 (≈ USD 3,410 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 85d56c618ca15cd0…
Record verified: 30 July 2026

The facts

The complainant alleged that Calltronix Kenya Limited posted his image on Instagram without his knowledge and consent. The ODPC found the respondent processed his personal data without a lawful basis, in violation of the principle of purpose limitation, and without fulfilling its duty to notify.

Orders and outcome

The respondent was found liable, ordered to pay the complainant KES 450,000 as compensation, and an enforcement notice was issued against it. Dated December 2024.

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

Cite this decision

ODPC (Kenya), Charles Charagu Kinyua v Calltronix Kenya Limited, ODPC Complaint No. 1517 of 2024, determination of 19 December 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/calltronix-kenya-limited/ (accessed 30 August 2026).

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