Faith Kadeiza Agosa v Wigot Gardens

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 31 July 2025.

Record ID

ke-odpc-2025-0089

Case reference

ODPC Complaint No. 0628 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Faith Kadeiza Agosa

Date decided

31 July 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.26 DPA 2019, s.30 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 250,000 (≈ USD 1,940 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 b2bdf2973f8479d7…

Record verified

30 July 2026

The facts

The complainant, a former trainee who did her industrial attachment with Wigot Gardens Hotel, alleged the hotel collected and processed her image for marketing, advertising and promotional purposes without justification, with the use persisting about two years after her attachment ended. The respondent failed to prove express consent; the Office noted the images had since been pulled down.

Orders and outcome

The respondent was found liable, ordered to compensate the complainant KES 250,000, and an enforcement notice was issued against it. Dated 31 July 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.