Landmark Judgment on Data Privacy and Dignity in Kenya

As a global community, we are undoubtedly in the midst of the Fourth Industrial Revolution, often referred to as Industry 4.0. This era is characterized by groundbreaking technological advancements such as the Internet of Things (IoT), blockchain, artificial intelligence, and other innovations designed to simplify and enhance life. Just as coal and steam powered the Industrial Revolution of the 18th century, Industry 4.0 is driven by data—a critical asset in today’s world.

In its simplest form, data is recorded or stored information that can be linked to an individual or entity. It ranges from personal details, such as names, birth dates, and email addresses, to sensitive information like medical, legal, and political data. Data is the new gold in this digital age, fueling corporate strategies and public policy decisions. With this immense value, however, comes an increasing need for legal safeguards to protect data subjects from misuse.

At Njaga & Co Advocates, we recently championed a landmark case in the High Court at Milimani, advocating for the right to privacy and dignity. In Petition E346 of 2023) [2024] KEHC 16469 (KLR) (Constitutional and Human Rights) (31 December 2024), we successfully represented five Petitioners whose graduation photographs were used without consent by a private college to advertise its academic programs. The images were shared widely across social media platforms, brochures, banners, and billboards—actions that violated our client’s constitutional rights and exploited their data for commercial gain.

Key Highlights of the Judgment:

Violation of Rights: The Court ruled in favour of our submissions, holding that the unauthorized use of the Petitioners’ images violated their constitutional rights to dignity and privacy under Articles 28 and 31 of the Constitution and their intellectual property rights.
Compensation: Each Petitioner was awarded Kshs 280,000, totalling Kshs 1,400,000, for the unlawful use of their images.
Permanent Injunction: The Court issued a permanent injunction, directing the Respondents to cease using the Petitioners’ images for any commercial purposes and to remove all promotional content featuring the images immediately.
Legal Principles: The judgment reinforced the importance of adhering to the Data Protection Act of 2019, which mandates explicit consent from data subjects and restricts the use of personal data beyond its intended purpose.

This case underscores the critical role of the law in protecting individuals from the exploitation of their data. The Court agreed with our position that personal data must be processed lawfully, fairly, and transparently. Organizations must ensure they obtain explicit consent, limit data use to its intended purpose, and avoid using personal data for economic gain without compensation.

Justice Mugambi’s judgment is a significant victory for the protection of privacy and dignity in Kenya. It serves as a reminder to all organizations—whether in education, healthcare, or any other sector—that the unauthorized use of personal data carries severe legal consequences.

As Kenya continues to embrace the Fourth Industrial Revolution, this judgment sets an important precedent for the enforcement of data protection laws in the digital age. We are proud to have played a key role in securing this favourable outcome, which strengthens the legal safeguards for individuals in an increasingly data-driven world.

The full judgment can be accessed here:

Also, if you want a comprehensive introduction to Data privacy in Kenya, please read our article, ‘Data Privacy in Kenya: A Comprehensive Overview.’

How We Can Help

At Njaga & Co Advocates, we pride ourselves on having a talented, experienced team that protects your rights and interests. Whether you are a data subject seeking justice for the misuse of your data or an organization looking to navigate compliance with Kenya’s data protection laws, we are here to help.

Our expertise includes: