Comfort Muthoni Gachiri v The Storage Trading Company Limited

Complaint upheld; compensation ordered; enforcement notice conditional. ODPC, 10 June 2025.

Record ID

ke-odpc-2025-0051

Case reference

ODPC Complaint No. 0378 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Comfort Muthoni Gachiri

Date decided

10 June 2025

Respondent type

private

Sector

general

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; enforcement notice conditional

Compensation

KES 500,000 (≈ USD 3,880 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 f066e6077a605bf6…

Record verified

30 July 2026

The facts

The complainant alleged that The Storage Trading Company Limited used her images for marketing without her consent. The respondent contended the images were lawfully collected and processed with her consent, but the ODPC found it did not obtain express consent before using her images for marketing purposes.

Orders and outcome

The respondent was found liable, ordered to delete or pull down the advertisements containing the complainant's personal data from all its platforms with proof to the Office within fourteen days, failing which an enforcement notice would issue, and ordered to compensate her KES 500,000. Dated 10 June 2025.

CONSENT · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

Track Kenya enforcement

Get decision alerts by email

Tell us your jurisdictions and we email you when a regulator's decision passes verification. Privacy.