Tracker / Kenya / 2025 / Alice Cynthia Ochieng t/a Urbanswim.ke
§ Tracker · Kenya · ODPC · 2025

Alexandra Amondi Elekia v Alice Cynthia Ochieng t/a Urbanswim.ke

Complaint upheld; enforcement notice conditional. ODPC, December 2025.

Record ID
ke-odpc-2026-0002
Case reference
ODPC Complaint No. 1272 of 2025
Jurisdiction
Kenya
Regulator
ODPC
Type
determination
Complainant
Alexandra Amondi Elekia
Date decided
December 2025
Respondent type
individual
Sector
general
Violations
unauthorised image/photo use, commercial use of personal data, failure to respond to erasure request, unlawful processing
Provisions cited
s.25 DPA 2019, s.26 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019
Outcome
complaint upheld; enforcement notice conditional
Status
final
Source
Official document ↗
Source integrity
SHA-256 3783fbd30844ced5…
Record verified
30 July 2026

The facts

The complainant, a model engaged by the respondent's swimwear business Urbanswim.ke in May 2024, consented to her images being posted on the business's social media pages for promotional purposes. In September 2024 she withdrew that consent and asked for the images to be deleted. The respondent refused, maintaining that the materials were produced and owned by the business as marketing content, that the complainant had been paid for the shoot, and that deletion would harm the financial investment in its campaigns. The ODPC held that continuing to use the images after consent was withdrawn and erasure requested violated the complainant's rights under the Act.

Orders and outcome

The respondent was found liable and ordered to delete the advertisements containing the complainant's personal data from all its online platforms and to provide proof to the ODPC within fourteen days, failing which an enforcement notice would be issued. The complainant's claim for monetary compensation was declined because she had already been compensated for the use of her images. The determination is dated December 2025 and appealable to the High Court within thirty days.

GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Alexandra Amondi Elekia v Alice Cynthia Ochieng t/a Urbanswim.ke, ODPC Complaint No. 1272 of 2025, determination of December 2025. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2025/alicia-cynthia-ochieng-t-a-urbanswim-ke/ (accessed 30 August 2026).

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