Joan Kakuvi Munuve v Evanson Wahome Rugara Ta House Of Ram

Complaint upheld; compensation ordered. ODPC, 23 October 2024.

Record ID

ke-odpc-2024-0095

Case reference

ODPC Complaint No. 1131 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Joan Kakuvi Munuve

Date decided

23 October 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.26(E) DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.40(1)(b) 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 c009cefbea4de31f…

Record verified

30 July 2026

The facts

The complainant alleged that the respondent used her image to market his travel and tour services on the WhatsApp Business application for commercial gain without her express consent. The ODPC found the respondent did not obtain the requisite consent for the commercial use of her image.

Orders and outcome

The respondent was found liable and ordered to compensate the complainant KES 500,000. Dated 23 October 2024.

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

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