Ian Itolondo Mutoro v Waithera Imani

Complaint upheld; compensation ordered; enforcement notice conditional. ODPC, February 2026.

Record ID

ke-odpc-2026-0038

Case reference

ODPC Complaint No. 1724 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Ian Itolondo Mutoro

Date decided

February 2026

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(1)(a) DPA 2019, s.32(1) DPA 2019, s.37(1)(a) DPA 2019, s.37 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice conditional

Compensation

KES 50,000 (≈ USD 390 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 29556e60638258cb…

Record verified

30 July 2026

The facts

The complainant alleged that the respondent, trading as She Community, unlawfully collected, processed and disclosed his personal data by publishing a promotional video on Instagram and TikTok featuring his full name and photograph without his knowledge or consent. The ODPC found the respondent liable for using his name and image for promotional and commercial purposes without express, specific and informed consent.

Orders and outcome

The respondent was found liable, ordered to pay the complainant KES 50,000 as compensation, and directed to pull down the complainant's personal data from the social networks within fourteen days and furnish proof, failing which an enforcement notice would issue. Dated 2026.

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

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