unauthorised image/photo use, lack of consent, commercial use of personal data, unlawful data disclosure, failure to respond to erasure request, unlawful processing
The complainant alleged that Dhahabu Kenya used her image on its social media pages for commercial purposes without her consent. She complained to the ODPC on 18 December 2023. The respondent took the images down after receiving the Office's Notification of Complaint. The ODPC found that the respondent had failed to fulfil its obligations under the Act, and in setting the remedy took into account the delay in pulling down the video from its social media pages.
Orders and outcome
The respondent was found liable and ordered to pay the complainant Kenya Shillings twenty five thousand (Kshs. 25,000) as compensation. The Office declined the Kshs. 4,000,000 in damages the complainant had claimed across four heads. The respondent was also guided to adhere strictly to data protection principles and to implement data protection by design and by default. Dated 15 March 2024.
ODPC (Kenya), Christina Buliba v Dhahabu Kenya, ODPC Complaint No. 2623 of 2023, determination of 15 March 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/dhahabu-kenya/ (accessed 30 August 2026).