Adeline Munee Munguti and Larry Obindi Sisei v Mint Villas Ta Mint Villa Housing

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 12 October 2024.

Record ID

ke-odpc-2024-0090

Case reference

ODPC Complaint No. 1059 of 2024 (consolidated with No. 1106 of 2024)

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Adeline Munee Munguti and Larry Obindi Sisei

Date decided

12 October 2024

Respondent type

private

Sector

general

Violations

unauthorised image/photo use, lack of consent, unlawful processing

Provisions cited

s.25 DPA 2019, s.25(c) DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.30(1)(b) DPA 2019, s.36 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 1,100,000 (≈ USD 8,330 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 6e57c4d7bbf71390…

Record verified

30 July 2026

The facts

Two complainants, in consolidated complaints, alleged that Mint Villas Limited used their personal data to register a company without their consent. The ODPC found the respondent processed their personal data unlawfully and violated their right to be informed of the use to which their data would be put, in breach of the principle of purpose limitation.

Orders and outcome

The respondent was found liable, an enforcement notice was issued against it, and it was ordered to pay each complainant Kenya Shillings five hundred and fifty thousand (KES 550,000) as compensation. Dated 12 October 2024.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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