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

ODPC (Kenya), Nancy Mugo v Miguel Ventures, ODPC Complaint No. 1981 of 2023, determination of 6 January 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/miguel-ventures/ (accessed 30 August 2026).

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