Alexandra Amondi Elekia v Alice Cynthia Ochieng t/a Urbanswim.ke
Complaint upheld; enforcement notice conditional. ODPC, December 2025.
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 The ODPC held that continuing to use the images after consent was withdrawn and erasure requested violated the complainant's rights under the Act.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.
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