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

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