Cyrus Mwaniki Ndungu v Moja Expressway Company

Complaint upheld; compensation ordered. ODPC, 15 May 2024.

Record ID

ke-odpc-2024-0047

Case reference

ODPC Complaint No. 0264 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Cyrus Mwaniki Ndungu

Date decided

15 May 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.30 DPA 2019, s.32 DPA 2019, s.35 DPA 2019, s.37 DPA 2019, s.37(1) DPA 2019, s.39 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 500,000 (≈ USD 3,790 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 e4f40efdf5a58b99…

Record verified

30 July 2026

The facts

The complainant alleged Moja Expressway Company continued using his image in a commercial video for almost a year after he left the organisation, without his consent. The respondent pulled the video down within three days of being served his demand letter, which the Office weighed in mitigation.

Orders and outcome

The respondent was found liable for using the complainant's personal data without express consent and ordered to pay Kshs. 500,000 as compensation, and was directed to notify all employees when their personal data is collected and to establish a lawful basis and a record of consent for commercial uses. Dated May 2024.

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

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