Elijah Kariuki Mbuthia v St. Joseph Health Centre

Complaint upheld; compensation ordered. ODPC, 12 August 2024.

Record ID: ke-odpc-2024-0077
Case reference: ODPC Complaint No. 0627 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Elijah Kariuki Mbuthia
Date decided: 12 August 2024
Respondent type: private
Sector: healthcare
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.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 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 074b83b5bd7c87fd…
Record verified: 30 July 2026

The facts

The complainant alleged that St. Joseph Health Centre used his image on a public signpost and in various print media, including calendars and a local hospital publication, for commercial gain without express consent. The ODPC found the requisite consent had not been obtained.

Orders and outcome

The respondent was found liable for the use of the complainant's image for commercial purposes without express consent and ordered to pay Kshs. 500,000 as compensation. Dated 12 August 2024.

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

Cite this decision

ODPC (Kenya), Elijah Kariuki Mbuthia v St. Joseph Health Centre, ODPC Complaint No. 0627 of 2024, determination of 12 August 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/st-joseph-health-centre/ (accessed 30 August 2026).

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