Partick Matasi & 2 others v Betnare

Complaint upheld; compensation ordered. ODPC, 28 April 2025.

Record ID

ke-odpc-2025-0026

Case reference

Consolidated ODPC Complaints No. ODPC/COMP/0063/2025, ODPC/COMP/0064/2025 & ODPC/COMP/0087 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Partick Matasi, Keneth Muguna and Austine Odhiambo

Date decided

28 April 2025

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.28(2) DPA 2019, s.28(1) DPA 2019, s.30 DPA 2019, s.37 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 1,500,000 (≈ USD 11,630 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 dfe75d52a8ebc480…

Record verified

30 July 2026

The facts

Three complainants, Kenyan international footballers, alleged in consolidated complaints that the betting brand Betnare used their photos on its social media pages to market its services without their consent. The ODPC found the respondent liable for using their images for commercial purposes without consent, while noting the respondent promptly took the images down from its social media sites as soon as the issue was raised.

Orders and outcome

The respondent was ordered to pay the complainants Kenya Shillings One Million Five Hundred Thousand (KES 1,500,000) as compensation, being KES 500,000 to each of the three complainants. Dated 28 April 2025.

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

Cite this decision

Track Kenya enforcement

Get decision alerts by email

Tell us your jurisdictions and we email you when a regulator's decision passes verification. Privacy.