Leroy Kaboi and Rosalinda Kaboi v Wadi Degla Club Kenya

Complaint upheld; compensation ordered. ODPC, 27 May 2024.

Record ID

ke-odpc-2024-0052

Case reference

ODPC Complaint No. 0386 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Leroy Kaboi and Rosalinda Kaboi

Date decided

27 May 2024

Respondent type

private

Sector

entertainment

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.26 DPA 2019, s.27(a) DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.33 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 700,000 (≈ USD 5,300 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 fb6b71799b1461cd…

Record verified

30 July 2026

The facts

The complainants, legal guardians of a minor, alleged that Wadi Degla Club Kenya used the minor's image for marketing and commercial purposes on its X and Facebook accounts. The respondent admitted it did not obtain consent, and contended compensation should not be awarded because the offending photo was pulled down.

Orders and outcome

The respondent was found liable for using the minor's personal data for commercial purposes without express consent and ordered to compensate the complainants Kshs. 700,000. Dated 27 May 2024.

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

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