The complainant alleged that Elite Power Craft Limited, trading as Amaron Batteries Kenya, used his photographs for commercial purposes on its Facebook page without obtaining consent. The ODPC found the respondent liable for using his personal data commercially without express consent and for violating his right of erasure.
Orders and outcome
The respondent was ordered to erase the complainant's image from its Facebook page within seven days, failing which an enforcement notice would issue, and to pay Kenya Shillings seven hundred and fifty thousand (KES 750,000) as compensation; the KES 5,000,000 prayed for was declined as inordinately high and unjustified. The respondent was also directed to put in place clear consent mechanisms, including for withdrawal of consent. Dated August 2024.
CONSENT · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD
Cite this decision
ODPC (Kenya), Kelvin Nyambane Angweny v Elite Power Craft Limited t/a Amaron Batteries Kenya, ODPC Complaint No. 679 of 2024, determination of 14 August 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/elite-power-craft-limited/ (accessed 30 August 2026).