Alexander Mwendia v Hello Tractor K Limited

Complaint upheld; compensation ordered. ODPC, 27 October 2025.

Record ID: ke-odpc-2026-0010
Case reference: ODPC Complaint No. 1289 of 2025
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Alexander Mwendia
Date decided: 27 October 2025
Respondent type: private
Sector: general
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.37 DPA 2019, s.56 DPA 2019, s.65 DPA 2019
Outcome: complaint upheld; compensation ordered
Compensation: KES 500,000 (≈ USD 3,880 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 7fd9b8fe45cb4b47…
Record verified: 30 July 2026

The facts

The complainant alleged that Hello Tractor Kenya Limited used his images for promotional purposes and commercial gain without his knowledge or consent. In response to his claim for compensation the respondent termed it an attempt at unjust enrichment. The ODPC found the respondent processed his personal data without consent.

Orders and outcome

The respondent was found liable for use of the complainant's personal data for commercial purposes without express consent and ordered to compensate him KES 500,000. Dated 27 October 2025.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Alexander Mwendia v Hello Tractor K Limited, ODPC Complaint No. 1289 of 2025, determination of 27 October 2025. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2025/hello-tractor-k-limited/ (accessed 30 August 2026).

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