Faith Wavinya v Nation Media Group

Complaint dismissed. ODPC, 20 March 2024.

Record ID

ke-odpc-2024-0029

Case reference

ODPC Complaint No. 2648 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Faith Wavinya

Date decided

20 March 2024

Respondent type

private

Sector

media

Violations

unauthorised image/photo use, lack of consent, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.30(1)(b) DPA 2019, s.30(1) DPA 2019, s.32 DPA 2019, s.32(3) DPA 2019, s.36 DPA 2019, s.39(1)(D) DPA 2019, s.40(1)(b) DPA 2019, s.51 DPA 2019, s.51(2)(b) DPA 2019, s.52 DPA 2019, s.52(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint dismissed

Status

final

Source

Official document ↗

Source integrity

SHA-256 bf371e44d680c5c7…

Record verified

30 July 2026

The facts

The complainant alleged Nation Media Group published on its website and social media an article titled “Young smokers ditch shisha, cigarettes for cigars. Are they aware of risks?” after she had withdrawn her consent to the publication. She sought Kshs. 2,000,000 for emotional and psychological distress, reputational damage and loss of employment prospects. The Office found it lacked jurisdiction to determine the complaint and therefore had no authority to issue a remedy.

Orders and outcome

The complaint was dismissed for want of jurisdiction, with the right of appeal to the High Court within thirty days. Dated 20 March 2024.

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

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