Nancy Mugo v Miguel Ventures Limited

Complaint upheld; compensation ordered. ODPC, 28 June 2024.

Record ID: ke-odpc-2024-0067
Case reference: ODPC Complaint No. 0730 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Nancy Mugo
Date decided: 28 June 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.32 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.62 DPA 2019, s.65 DPA 2019
Outcome: complaint upheld; compensation ordered
Compensation: KES 1,200,000 (≈ USD 9,090 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 f761377929e33628…
Record verified: 30 July 2026

The facts

The complainant alleged that Miguel Ventures Limited posted her image on its social media pages without her consent and failed to pull it down when asked. The ODPC found the respondent liable for using her image for commercial gain without consent and for failing to remove it on request, treating the year-long continued use as a continuing breach.

Orders and outcome

The respondent was ordered to compensate the complainant KES 1,200,000 and to delete her image from its Facebook page and any other social media pages where it was used commercially. Dated 28 June 2024.

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

Cite this decision

ODPC (Kenya), Nancy Mugo v Miguel Ventures Limited, ODPC Complaint No. 0730 of 2024, determination of 28 June 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/miguel-ventures-limited/ (accessed 30 August 2026).

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