Benjamin Ouma, suing on behalf of KDA (minor) v Dmi Education Services Ltd

Complaint upheld; compensation ordered. ODPC, February 2025.

Record ID

ke-odpc-2025-0005

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Benjamin Ouma, suing on behalf of KDA (minor)

Date decided

February 2025

Respondent type

private

Sector

education

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, unlawful processing

Provisions cited

s.25 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.33 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 700,000 (≈ USD 5,430 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 3be00d870829ff38…

Record verified

30 July 2026

The facts

The complaint alleged that DMI Education Services Ltd, operating as St. Joseph International school, used a minor's images for advertisement on its billboard without the consent of the minor's parent. The ODPC found the respondent used the minor's personal data for commercial purposes without express consent, noting the special protection minors' data requires.

Orders and outcome

The respondent was found liable and ordered to compensate the minor's parents Kshs. 700,000 for processing the minor's personal data for commercial purposes without express consent. Dated February 2025.

CONSENT · EDUCATION · UNLAWFUL-PROCESSING · UPHELD

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