Daniel Odhiambo Opiyo and Jeremiah Barasa v Tulia Amboseli Safari Camp Limited

Complaint upheld; compensation ordered. ODPC, 13 December 2024.

Record ID

ke-odpc-2024-0109

Case reference

ODPC Complaint No. 1398 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Daniel Odhiambo Opiyo and Jeremiah Barasa

Date decided

13 December 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.32 DPA 2019, s.32(1) DPA 2019, s.37 DPA 2019, s.37(1) DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 1,000,000 (≈ USD 7,580 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 8aa43e4c5935cf59…

Record verified

30 July 2026

The facts

Two complainants alleged that Tulia Amboseli Safari Camp Ltd took their images without authority and published them on its website as an advertisement for bush breakfast, falsely depicting them as working for the camp. The ODPC found the respondent unlawfully processed their personal data for commercial purposes without express consent.

Orders and outcome

The respondent was found liable and ordered to compensate the complainants an all-inclusive total of KES 1,000,000, being KES 500,000 to each complainant. Dated 13 December 2024.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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