Dennis Gitonga Ndururi v Twiga Foods

Complaint dismissed. ODPC, 13 May 2024.

Record ID: ke-odpc-2024-0046
Case reference: ODPC Complaint No. 289 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Dennis Gitonga Ndururi
Date decided: 13 May 2024
Respondent type: private
Sector: general
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.40(1)(b) DPA 2019, s.40 DPA 2019, s.56(1) DPA 2019
Outcome: complaint dismissed
Status: final
Source: Official document ↗
Source integrity: SHA-256 88cb9c014bf930f2…
Record verified: 30 July 2026

The facts

The complainant alleged Twiga Foods Limited used his image for commercial purposes on a worldwide scale without consent or compensation. The ODPC found the cause of action arose in 2018, before the Act was enacted, and the Act does not apply retrospectively; the complainant did not exercise his rights under the Act before lodging the complaint, and on being notified the respondent pulled the images down without undue delay and informed third parties of his erasure request.

Orders and outcome

The complaint was dismissed as lacking merit. Dated May 2024.

CONSENT · DISMISSED · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

Cite this decision

ODPC (Kenya), Dennis Gitonga Ndururi v Twiga Foods, ODPC Complaint No. 289 of 2024, determination of 13 May 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/twiga-foods/ (accessed 30 August 2026).

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