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

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