Ferdinand Omanyala Omurwa v Oxygene Marketing Communication Limited

Complaint upheld; compensation ordered. ODPC, March 2025.

Record ID

ke-odpc-2025-0013

Case reference

ODPC Complaint No. 1574 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Ferdinand Omanyala Omurwa

Date decided

March 2025

Respondent type

private

Sector

media

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, failure to prevent data breach, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.32 DPA 2019, s.37(1) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) 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 4dfdbbb3220adf0f…

Record verified

30 July 2026

The facts

The complainant alleged that Oxygene Marketing Communication Limited used his image to advertise its work on its website without obtaining his express consent. The ODPC found the respondent liable for using his personal data for commercial purposes without express consent.

Orders and outcome

The Office declined the Kenya Shillings ten million the complainant prayed for as inordinately high, and ordered the respondent to pay him Kenya Shillings Five Hundred Thousand (KES 500,000) as compensation and to put in place clear consent mechanisms, providing for withdrawal of consent, before publishing a data subject's image on its website. Dated 2025.

CONSENT · DATA-BREACH · MEDIA · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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