Alfred Nthale Nduta a.k.a Itsyaba v Savannah Brands Company Ltd Ta African Originals Kenyan Originals

Complaint upheld; compensation ordered. ODPC, 9 October 2024.

Record ID: ke-odpc-2024-0088
Case reference: ODPC Complaint No. 1044 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Alfred Nthale Nduta a.k.a Itsyaba
Date decided: 9 October 2024
Respondent type: private
Sector: general
Violations: unauthorised image/photo use, lack of consent, commercial use of personal data, unlawful processing
Provisions cited: s.25 DPA 2019, s.37 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 05f64c2f2290647a…
Record verified: 30 July 2026

The facts

The complainant alleged that Savannah Brands Company Ltd, trading as African Originals and Kenyan Originals, used his image commercially to market and advertise its products on social media platforms without his consent. The respondent called the claim null and void and the complainant an opportunist who benefitted from the post. The ODPC found the respondent unlawfully used his personal data for commercial purposes.

Orders and outcome

The respondent was found liable for unlawful processing and directed to compensate the complainant Kshs. 500,000. Dated October 2024.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Alfred Nthale Nduta a.k.a Itsyaba v Savannah Brands Company Ltd Ta African Originals Kenyan Originals, ODPC Complaint No. 1044 of 2024, determination of 9 October 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/savannah-brands-company-ltd-ta-african-originals-kenyan-orig/ (accessed 30 August 2026).

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