Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

Solpia Kenya Ltd (t/a Sistar Kenya) (the “Respondent”) was held liable for unlawfully using the Complainant's image obtained from her social media pages, for commercial purposes and fined KES.500,000/=.

Facts

The complaint was filed by Hellen Muthoni alleging that her personal data was unlawfully used by the respondent.

The Complainant states that she has worked for Royal Media Service since 2016 and has been enhancing her professional image as a TV personality, influencer, artist, entrepreneur, and marketer. Additionally, she has amassed a significant influence, especially among Christians, the youth, and the Kenyan public in general, through her hosting of Inooro TV’s Sunday show "Rurumuka." Furthermore, she has invested in building her social media followership and has attracted a substantial following on platforms such as Facebook, Twitter, and Instagram.

<aside> <img src="/icons/gavel_red.svg" alt="/icons/gavel_red.svg" width="40px" />

Link to the Original Constitutional Reference | Muthoni v Solpia Kenya Limited t/a Sista Kenya (Constitutional Petition E457 of 2021) [2023] KEHC 22373 (KLR) (Constitutional and Human Rights)

Link to the Appeal | Hellen Muthoni vs. Solpia Kenya Limited t/a Sista Kenya (Civil Appeal E164 & 178 of 2024 (Consolidated)) [2025] KEHC 34 (KLR) (Civ)

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The complainant alleged that a photograph of herself, which she posted on her public social media platforms, was used by the respondent for commercial purposes without her consent.

The respondent was accused of using the complainant's image to advertise their hair product, leading to commercial gain without the complainant's authorization.

The complainant claimed that her right to privacy as provided under Article 31 of the Constitution was violated by the unlawful use of her personal data through the unauthorized publication of her image/photo.

The respondent denied the allegations, stating that the complainant had voluntarily posted the image on her social media platform and that they did not obtain or post the complainant's image and likeness on their social media platforms.

Holding

The Office of the Data Protection Commissioner (ODPC) held that:

• the Respondent unlawfully processed the Complainant's personal data for commercial purposes, thereby violating the Complainant's right to privacy.
• the Respondent was ordered to compensate the Complainant with an amount of Kshs. 500,000/= (Five Hundred Thousand Shillings Only) for the unlawful processing of the Complainant’s personal data.