Cherry Fiona Mwendwa v Acceler Global Logistics

Complaint upheld; compensation ordered. ODPC, July 2025.

Record ID

ke-odpc-2025-0033

Case reference

ODPC Complaint No. 0556 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Cherry Fiona Mwendwa

Date decided

July 2025

Respondent type

private

Sector

transport

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.26(c) DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.36 DPA 2019, s.37 DPA 2019, s.37(1) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 250,000 (≈ USD 1,940 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 85ce01cc4ba82aef…

Record verified

30 July 2026

The facts

The complainant alleged that Acceler Global Logistics used her partial image on its internal track and trace system from 2021, and continued to do so even after she issued a cease-and-desist letter in November of 2021. The ODPC found her right to object was infringed and her personal data unlawfully processed, noting in mitigation that the respondent had deleted the partial image from its internal system.

Orders and outcome

The respondent was found liable and ordered to pay the complainant Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000) as compensation. Dated 2025, with the day and month illegible in the scan.

CONSENT · RIDE-HAILING · RIGHT-TO-ERASURE · TRANSPORT · UNLAWFUL-PROCESSING · UPHELD

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