Winfred Kirumba v Hair Manufacturing Limited (Darling Kenya)

Complaint upheld; compensation ordered. ODPC, May 2025.

Record ID

ke-odpc-2025-0038

Case reference

ODPC Complaint No. 0162 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Winfred Kirumba

Date decided

May 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(a) DPA 2019, s.25 DPA 2019, s.26 DPA 2019, s.27(a) DPA 2019, s.32 DPA 2019, s.33 DPA 2019, s.37 DPA 2019, s.56(1) 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 1797e0097dbab18a…

Record verified

30 July 2026

The facts

The complainant, suing on behalf of a minor, alleged that Hair Manufacturing Limited, trading as Darling Kenya, used the minor's image on a social media platform to market the respondent without obtaining express consent. The ODPC found the respondent did not obtain express consent to process the minor's personal data for commercial purposes.

Orders and outcome

The respondent was found liable for the use of a minor's image for commercial purposes without consent and ordered to pay the complainant Kenya Shillings Seven Hundred Thousand (KES 700,000) as compensation. Dated May 2025.

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

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