Brian Onyango and Clemence Wangio v Vanessa Bwibo Bwibo Restaurant

Complaint upheld; compensation ordered. ODPC, September 2025.

Record ID: ke-odpc-2025-0088
Case reference: ODPC Complaint No. 0838 of 2025
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Brian Onyango and Clemence Wangio
Date decided: September 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, failure to notify data breach, unlawful processing
Provisions cited: s.25 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.43 DPA 2019, s.56 DPA 2019, s.65 DPA 2019
Outcome: complaint upheld; compensation ordered
Compensation: KES 50,000 (≈ USD 390 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 73d9c292af46d2df…
Record verified: 30 July 2026

The facts

The two complainants discovered on or about October 2024 that Vanessa Bwibo, trading as Bwibo Restaurant, had obtained and used their images on its social media platforms for promotional purposes without their knowledge or consent. The Office noted the respondent immediately pulled down the impugned posts after the complaint.

Orders and outcome

The respondent was found liable and directed to compensate the complainants a cumulative KES 50,000, being KES 25,000 to each complainant. Dated September 2025.

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

Cite this decision

ODPC (Kenya), Brian Onyango and Clemence Wangio v Vanessa Bwibo Bwibo Restaurant, ODPC Complaint No. 0838 of 2025, determination of September 2025. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2025/vanessa-bwibo-bwibo-restaurant/ (accessed 30 August 2026).

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