Isaya Lemerketo Vs The Kenya School Of Law

1. Introduction

This case involved a complaint against Kenya School of Law (KSL) for alleged violation of data protection rights under Article 31 of the Constitution and the Data Protection Act, 2019. The complaint centered on unauthorized use of a student’s image in school promotional materials.

2. Nature of Complaint

The Complainant alleged that:

• KSL used his image in flyers advertising Diploma in Law courses without consent
• The flyers were distributed on social media platforms and possibly in physical copies
• He had never authorized the use of his image nor served as a school ambassador
• No written apology was provided despite a demand letter (though receipt couldn’t be verified)

3. Analysis of Evidence

Complainant’s Evidence:

• Provided matching images proving his likeness was used
• Showed social media links where images appeared (later removed)
• Sought Kshs. 5M compensation citing legal precedents

Respondent’s Defense:

• Admitted using graduation ceremony images but claimed:
  • Images were removed within 24 hours of complaint
  • No physical copies were distributed
  • Acted in good faith for public information purposes
• Provided policies showing commitment to data protection

4. Issues for Determination

1. Whether KSL infringed the Complainant’s rights under the Data Protection Act
2. Whether the Complainant was entitled to the remedies sought

5. Final Determination

6. Significance of the Case

This determination establishes important principles:

• Consent Requirement: Need for explicit consent before using personal images
• Timely Remediation: Prompt corrective action can mitigate penalties
• Policy Importance: Value of documented data protection policies

Dated: 17th July 2023 | Data Commissioner