Winnie Nyakerario Charles v China Square Kenya, Kisumu Branch

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, August 2025.

Record ID

ke-odpc-2025-0061

Case reference

ODPC Complaint No. 0688 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Winnie Nyakerario Charles

Date decided

August 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.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.57 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

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

Status

final

Source

Official document ↗

Source integrity

SHA-256 46c40bad79d9700b…

Record verified

30 July 2026

The facts

The complainant alleged that China Square Kenya, Kisumu Branch, used her image on a public banner and on social media for commercial gain without her express consent or any other lawful basis. The ODPC found her right to be informed was violated, noting the images had since been removed from the social media pages.

Orders and outcome

The respondent was found liable, ordered to pay the complainant KES 250,000 as compensation, and an enforcement notice was issued against it. Dated August 2025.

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

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