Paul Ogola v Shalina Healthcare Kenya Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 17 April 2024.

Record ID

ke-odpc-2024-0038

Case reference

ODPC Complaint No. 0129 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Paul Ogola

Date decided

17 April 2024

Respondent type

private

Sector

healthcare

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 1,450,000 (≈ USD 10,980 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 eaf43d25b91e56de…

Record verified

30 July 2026

The facts

The complainant, a model, alleged that Shalina Healthcare Kenya Limited continued actively using his image in online campaigns, on billboards, posters and other media after the contractual period for its use had lapsed, without informing him. The ODPC found the first respondent infringed his right to be informed and used his image for commercial purposes, and based the compensation order on the rate card the complainant adduced: Kshs. 500,000 for the billboard use, Kshs. 500,000 for calendars, Kshs. 200,000 for website and social media pages, and Kshs. 250,000 for the infringement of the right to be informed.

Orders and outcome

The first respondent was found liable and ordered to pay the complainant Kenya Shillings One Million, Four Hundred and Fifty Thousand (Kshs. 1,450,000) as compensation, and an enforcement notice was issued against it. The complaint against the second respondent, Vivid Features Ltd, was dismissed. Dated April 2024.

CONSENT · HEALTHCARE · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Track Kenya enforcement

Get decision alerts by email

Tell us your jurisdictions and we email you when a regulator's decision passes verification. Privacy.