Hilda Mwangi, suing as legal guardian of MN (minor) v Edgar Obare

Complaint dismissed. ODPC, 14 June 2024.

Record ID: ke-odpc-2024-0061
Case reference: ODPC Complaint No. 0453 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Hilda Mwangi, suing as legal guardian of MN (minor)
Date decided: 14 June 2024
Respondent type: individual
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 DPA 2019, s.28 DPA 2019, s.30 DPA 2019, s.33 DPA 2019, s.37 DPA 2019, s.40(1)(b) DPA 2019, s.56 DPA 2019
Outcome: complaint dismissed
Status: final
Source: Official document ↗
Source integrity: SHA-256 c05a8e5a78bf3d1f…
Record verified: 30 July 2026

The facts

The complainant, suing as legal guardian of a minor, alleged Edgar Obare used the minor's image for commercial purposes on a Telegram channel he allegedly ran. The ODPC found the minor's image was deleted and pulled down from the channel, that the respondent did not violate the minor's right to erasure, and that the minor's personal data was not processed unlawfully.

Orders and outcome

The complaint was dismissed, with the right of appeal to the High Court of Kenya within thirty days. Dated June 2024.

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

Cite this decision

ODPC (Kenya), Hilda Mwangi, suing as legal guardian of MN (minor) v Edgar Obare, ODPC Complaint No. 0453 of 2024, determination of 14 June 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/edgar-obare/ (accessed 30 August 2026).

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