Joyce Ndungwa Muema (suing on behalf of N. T.M minor) v Think Twice Kenya

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, August 2025.

Record ID

ke-odpc-2025-0086

Case reference

ODPC Complaint No. 0653 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Joyce Ndungwa Muema (suing on behalf of N. T.M minor)

Date decided

August 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.27(a) DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.33 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 700,000 (≈ USD 5,430 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 e35fb9b840d459c4…

Record verified

30 July 2026

The facts

The complainant, suing on behalf of her daughter, a minor, alleged that Think Twice Kenya unlawfully collected and processed the child's image for commercial purposes including marketing, advertising and promotional activities since May 2024. The respondent failed to prove it obtained express consent for the use of the minor's images on its public social media platforms.

Orders and outcome

The respondent was found liable and directed to compensate the complainant Kshs. 700,000 for the commercial use of the minor's images without express consent, and an enforcement notice was ordered against it. Dated August 2025.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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