Nancy Mugo v Miguel Ventures

Complaint upheld; compensation ordered. ODPC, 6 January 2024.

Record ID

ke-odpc-2024-0006

Case reference

ODPC Complaint No. 1981 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Nancy Mugo

Date decided

6 January 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 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 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 3d11ed517a618588…

Record verified

30 July 2026

The facts

The complainant alleged that Miguel Ventures posted her image on its social media pages without her consent and failed to pull it down when she asked. The ODPC found the respondent liable for using her image for commercial gain without consent and for refusing or neglecting to delete it on request, denying her the right of erasure.

Orders and outcome

The respondent was ordered to compensate the complainant KES 750,000 for the commercial use of her image without consent and the refusal to delete it. Dated 6 January, with the year digits garbled in the scan.

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

Cite this decision

Track Kenya enforcement

Free: a monthly digest of new verified decisions in your chosen jurisdictions. You confirm by email before anything is sent; every alert has an unsubscribe link. Privacy · Terms.