Moses Atela Otiende v Dmi Education Services

Complaint upheld; compensation ordered. ODPC, 13 July 2024.

Record ID

ke-odpc-2024-0073

Case reference

ODPC Complaint No. 0577 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Moses Atela Otiende

Date decided

13 July 2024

Respondent type

private

Sector

education

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, unlawful processing

Provisions cited

s.25 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.33 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 700,000 (≈ USD 5,300 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 fb127577cf329b2f…

Record verified

30 July 2026

The facts

The complainant, the legal guardian of a minor, alleged that DMI Education Services Ltd, operating as St. Joseph International Science School, used the minor's images for advertisement on a mini billboard without his consent. The respondent sought dismissal of the complaint and did not respond to the prayer for compensation. The ODPC found no express consent had been obtained for the use of the minor's image.

Orders and outcome

The respondent was found liable for using the minor's personal data for commercial purposes without express consent and was directed to compensate the complainant Kshs. 700,000. Dated 2024, with the day and month illegible in the scan.

CONSENT · EDUCATION · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Track Kenya enforcement

Get decision alerts by email

Tell us your jurisdictions and we email you when a regulator's decision passes verification. Privacy.