What began as a seemingly harmless social media post by the Football Kenya Federation (FKF) has ended up earning three Harambee Stars footballers Sh1.5 million.
On Wednesday, August 28, 2024, FKF, under the then-president Nick Mwendwa, unveiled new playing kits for the national teams, Harambee Stars and Harambee Starlets.
As part of the reveal, the federation shared a sleek, studio-lit image of Harambee Stars midfielders Kenneth Muguna and Austin Odhiambo flanking former national team goalkeeper Patrick Matasi. The trio stood shoulder to shoulder in a subtle V formation, Matasi at the centre, clad in a black, short-sleeved goalkeeper jersey.
The kit launch quickly stirred mixed reactions online as it made rounds. Betting firm BetNare joined the conversation, lifting the same image and sharing it across its own platforms. That move would soon come back to haunt them.
On the 14th and 19th of last year, Matasi, Muguna, and Odhiambo separately lodged complaints with the Office of the Data Protection Commissioner (ODPC). Their accusation was that BetNare had used their image for financial gain without obtaining their express consent.
The footballers told the ODPC that the image appeared on BetNare’s official website, Instagram page, and other social media accounts.
Patrick Matasi.
Photo credit: Sila Kiplagat | Nation Media Group
As well-known Kenyan international players, they argued, BetNare knowingly leveraged their public profiles to promote its betting products and services, particularly to football fans and gamblers.
The post, they said, was not neutral. It prominently featured their image alongside phrases such as ‘Predict & Win,’ and ‘Best Odds’, creating the clear impression that they were affiliated with or endorsing the betting firm.
In their view, this was not just a casual repost but a violation of their data protection and privacy rights, and an infringement on their right to control the commercial use of their image and likeness.
In its defence, the betting firm denied that the image was used for advertising its services. It argued that the photo had been produced and first circulated by FKF, had gone viral, and was already publicly available. On that basis, BetNare maintained that the footballers could not claim a breach of their data protection rights.
The firm further stated that the image was only used to create awareness around the Group Stage match between Kenya and Zimbabwe, played on November 15, 2024, and not for commercial advertising. At no point, BetNare insisted, were the players presented as brand ambassadors for the company.
Even more, BetNare argued that its audience visits its platforms for betting odds and sports fixtures, not player images and that the presence or absence of the footballers’ photo had no bearing on its customer engagement or revenue, and fans and gamblers would have accessed the platform anyway.
Harambee Stars midfielder Austin Odhiambo in action on August 9, 2025 during their training for Total Energies Africa Nations Championship at Moi International Sports Centre, Kasarani.
Photo credit: Chris Omollo | Nation
In a detailed ruling, the Office of the Data Protection Commissioner sided with Matasi, Muguna, and Odhiambo, laying out a firm interpretation of consent under the law.
“The minimum criteria for consent must be certain that the individual has consented, and what they have consented to. This certainty requires more than just a confirmation that they have read and understood the terms and conditions. There must be a clear signal that they agree to the processing. Consent must also be verifiable, meaning one must be able to demonstrate that the data subject consented to the processing of their personal data,” the ODPC explained.
The Commissioner added that a data controller or processor, in this case BetNare, cannot process individual personal data unless the data individuals consent to the processing for specified purposes.
Personal dataOn the question of commercial use, the ODPC noted that there was no doubt that BetNare used the footballers’ personal data to advance commercial interests. Under the law, this includes inducing members of the public to buy, subscribe to, or engage with services, directly or indirectly.
“In the case at hand, BetNare used the complainants’ images in a visual advertisement bearing the phrase ‘Predict & Win’ and ‘Best odds,’ posted across its official website, Instagram, and Facebook platforms. The clear purpose of this display was to promote its gambling services by leveraging the credibility, recognition, and aspirational appeal associated with the complainants,” noted the Commissioner.
The Commissioner also dismissed the argument that public circulation of the image made it fair game for commercial exploitation.
“Even if the complainants’ images were publicly accessible, they were intended solely for a national team activity. BetNare repurposed the images for commercial use to extend its business interests. This Office therefore finds that the Respondent did not obtain express consent from the complainants to process their personal data for commercial purposes.”
“This Office therefore finds that the Respondent failed to obtain the express consent of the Complainants to process their personal data for commercial purposes. Accordingly, the Respondent is ordered to pay a total of Sh1,500,000 in compensation, apportioned as follows: Patrick Matasi, Sh500,000; Kenneth Muguna, Sh500,000; and Austin Odhiambo, Sh500,000.”
In a separate case, the Data Commissioner declined to award Africa’s fastest man, Ferdinand Omanyala, Sh10 million in a similar case, having found Oxyegne PR firm liable for violating the sprinter's personal data. Oxyene used Omanyala’s photos to advertise its client’s project on its website despite negotiations between the PR firm and the athlete falling through. Omanyala was awarded Sh500,000 in compensation for the data violation.
