ACTOR PAUL OGOLA AWARDED SH1.4 MILLION IN DATA PROTECTION CASE

The Office of the Data Commissioner announced a landmark ruling in favour of renowned Kenyan actor Paul Ogola, in his complaint against Shalina Healthcare Kenya Limited for unauthorised use of his image in various advertising campaigns after the expiration of their contract.

The case began in August 2023 when Ogola discovered that Shalina Healthcare was still using his image for online campaigns, billboards, posters, moving pictures, websites and printed calendars without his knowledge or consent. 

Ogola entered into a contract with Shalina Healthcare Kenya Limited which permitted the company to use his image for an online campaign to advertise a product known as Pharmasal for a period of six months. The contract period started on February 12, 2022 and ended on August 12, 2022 as per the agreement.

In the ruling delivered by Immaculate Kassait, the Data Commissioner, it was determined that Shalina Healthcare had breached the terms of the original contract and violated Ogola’s data protection rights.

The total compensation order payable to Ogola by Shalina Healthcare Kenya Limited is Sh1,450,000. Both parties have the right to appeal the determination to the High Court of Kenya within 30 days.