Caroline Wanjiru Kan'gethe v Circus 254 Co Sarakasi Trust

Complaint upheld; compensation ordered. ODPC, 17 December 2024.

Record ID

ke-odpc-2024-0111

Case reference

ODPC Complaint No. 1436 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Caroline Wanjiru Kan'gethe

Date decided

17 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.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 500,000 (≈ USD 3,790 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 eb01b08100258fbb…

Record verified

30 July 2026

The facts

The complainant alleged that Circus 254, care of Sarakasi Trust, used her image on its social media platforms for commercial purposes without her express consent or any other lawful basis. The ODPC found the respondent could not prove it obtained express consent and held it liable for the breach notwithstanding its subsequent removal of the images.

Orders and outcome

The respondent was found liable and directed to compensate the complainant Kshs. 500,000 for the use of her image for commercial purposes without express consent. Dated December 2024.

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

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