Popular Kenyan event organiser Blankets & Wine has been ordered to pay KSh300,000 in compensation after unlawfully using a woman’s image for promotional purposes without her consent.
Data Commissioner Finds Violation
In a ruling by the Office of the Data Protection Commissioner, the company was found to have breached provisions of the Data Protection Act.
The regulator determined that the complainant’s image was used in advertisements promoting the “Blankets and Wine Tupatane OnjaOnja Summer Events 2025,” a revenue-generating event.
Unauthorised Commercial Use
According to the complainant, the use of her image falsely implied that she endorsed the event. She argued that her likeness has commercial value and that its unauthorised use violated her right to privacy and control over personal data.
The Data Commissioner agreed, noting that the image was used for commercial gain without proper consent.
Defence Rejected
In its defence, Blankets & Wine claimed that consent had been obtained through general terms and conditions issued to event attendees.
However, the regulator ruled that the company failed to prove that the consent was explicit, informed, and specific to the use of the complainant’s image in promotional campaigns.
Legal Implications
The ruling emphasised that under Kenyan law, personal data can only be used for commercial purposes where clear and express consent has been obtained.
In this case, the absence of valid consent rendered the use of the image unlawful.
Compensation and Right to Appeal
As a result, Blankets & Wine has been found liable and ordered to compensate the complainant KSh300,000.
Both parties have the option to appeal the decision at the High Court within 30 days.
