Nick Ongeri Mairura v Kabras Sugar Rugby Football Club Kabras Rugby Club

Complaint upheld; compensation ordered. ODPC, 11 October 2024.

Record ID

ke-odpc-2024-0089

Case reference

ODPC Complaint No. 1069 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Nick Ongeri Mairura

Date decided

11 October 2024

Respondent type

private

Sector

entertainment

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, failure to respond to erasure request, obstruction of data commissioner, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.37 DPA 2019, s.47(1) DPA 2019, s.56 DPA 2019, s.61 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 750,000 (≈ USD 5,680 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 95fcc656518556c9…

Record verified

30 July 2026

The facts

The complainant alleged that the respondents used his image commercially to market and advertise a rugby match between the respondents and KCB Rugby Football Club scheduled for 18 February 2023. The second respondent made no representations concerning the complainant's claim for compensation. The ODPC found the second respondent liable for unlawful use and processing of the complainant's personal data and for violating his right to be informed of the use to which his personal data would be put.

Orders and outcome

The second respondent was found liable and ordered to compensate the complainant KES 750,000. Dated October 2024.

CONSENT · OBSTRUCTION · RIGHT-TO-ERASURE · SPORTS · UNLAWFUL-PROCESSING · UPHELD

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