Hello!
Welcome to Issue 003 of 2026 of the DataHub Weekly, your digest of fresh decisions from Kenya's Office of the Data Protection Commissioner (ODPC), with the compliance lessons that matter to your organisation.
This week: five new determinations, spanning hospitality, corporate services, agritech, fashion, and education. Five respondents were found liable or non-compliant. No dismissals.
Three of the five cases involve the same fact pattern: an organisation used someone's image without obtaining, or holding, valid consent. The message from the ODPC is consistent and getting louder.
01 | Kanu vs. Alleyways Beer Garden Limited ODPC Complaint No. 1324 of 2025 — VIOLATION Award: KES 500,000
02 | Gathoni vs. Airflo Limited ODPC Complaint No. 0733 of 2025 — VIOLATION Award: KES 250,000 + Enforcement Notice
03 | Mwendia vs. Hello Tractor Kenya Limited ODPC Complaint No. 1289 of 2025 — VIOLATION Award: KES 500,000
04 | Elekia vs. Alice Cynthia Ochieng T/A Urbanswim.ke ODPC Complaint No. 1272 of 2025 — VIOLATION Award: Deletion Order + Enforcement Notice (no monetary award)
05 | Suo Moto Investigation — Alphax Academy Eldoret ODPC Suo Moto Investigation No. 0002 of 2024 — NON-COMPLIANT Award: Enforcement Notice
CASE 01 — YOUR CUSTOMER'S FACE IS NOT YOUR MARKETING ASSET Edwin Makio Kanu vs. Alleyways Beer Garden Limited ODPC Complaint No. 1324 of 2025 | Decided: 9 December 2025
What happened and what the ODPC found:
Edwin Makio Kanu visited the respondent's premises and paid via Mpesa. That same day, his image was posted on the respondent's Facebook page without consent. The ODPC found the respondent failed to obtain express consent for commercial use of his image and ordered KES 500,000 compensation.
The compliance lesson:
If your business photographs customers on your premises and posts those images on social media for promotional purposes, you need prior written consent — obtained before you post. Oral consent is not enough: the Act requires it to be recorded. A customer paying for a product or service does not thereby consent to appearing in your marketing. Build a simple consent capture process at the point of photography.
Read more here → Edwin Makio Kanu vs. Alleyways Beer Garden Limited — ODPC Complaint No. 1324 of 2025