Lawrence M'Impwi Kirima v Solar Panda Company Kenya Limited

Complaint upheld; compensation ordered. ODPC, 12 January 2025.

Record ID

ke-odpc-2025-0018

Case reference

ODPC Complaint No. 1618 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Lawrence M'Impwi Kirima

Date decided

12 January 2025

Respondent type

private

Sector

transport

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.32(1) DPA 2019, s.32(4) DPA 2019, s.34 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 bdcc153c71fd4f03…

Record verified

30 July 2026

The facts

The complainant alleged that Solar Panda Company Kenya Limited collected, processed and used his image in its sales marketing fliers without his consent or any other lawful basis. The respondent contended the compensation claimed was excessive and that the complaint did not warrant compensation. The ODPC found the respondent violated his rights and processed his personal data for commercial use without consent, gaining financially directly and indirectly.

Orders and outcome

The respondent was found liable and directed to compensate the complainant KES 500,000 for the use of his image for commercial purposes without his consent. Dated 12 January 2025.

CONSENT · RIDE-HAILING · TRANSPORT · UNLAWFUL-PROCESSING · UPHELD

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