Vincent Muema Nduku v Sinoma Roofing System

Complaint upheld; compensation ordered. ODPC, 23 February 2025.

Record ID

ke-odpc-2025-0017

Case reference

ODPC Complaint No. 1963 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Vincent Muema Nduku

Date decided

23 February 2025

Respondent type

private

Sector

transport

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 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 f1ec944a241d19b8…

Record verified

30 July 2026

The facts

The complainant alleged that Sinoma Roofing System used his image on its social media platforms for commercial gain without his express consent. He sought a formal apology, deletion of his photos from its pages, surrender of all copies of the images, an admission of liability and compensation. The ODPC found the respondent could not prove it had obtained express consent and had continued using his image on its Facebook and Instagram pages.

Orders and outcome

The respondent was found liable and directed to compensate the complainant Kshs. 500,000 for the continual commercial use of his image without express consent. Dated 23 February 2025.

CONSENT · RIDE-HAILING · RIGHT-TO-ERASURE · TRANSPORT · UNLAWFUL-PROCESSING · UPHELD

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