Nairobi Academy Fined Ksh 637,500 for Publishing Student’s Results Without Consent

The Office of the Data Protection Commissioner (ODPC) has fined The Nairobi Academy with a Ksh 637,500 fine for using students’ exam results in National Ad without consent.

According to the court notice, the penalty follows a determination that the school unlawfully published a minor’s name and examination results in a national newspaper to serve its own marketing interests.

Julian Rowa filed ODPC Complaint No. 1597 of 2025 on behalf of his child, AJR. The Data Commissioner discovered that the school had used a student’s individual academic accomplishments as a “billboard” to draw in new business.

“The Complainant alleges that the Respondent shared and publicly disclosed his child’s personal data without his consent or any other lawful basis,” the Data Commissioner stated in a report.

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A “Deliberate and Aggravated” Violation

The legal documents state that the breach happened on Thursday, August 21, 2025, when the school published the minor’s personal information in the Daily Nation’s “Advertising Feature” section.

“The Complainant alleges that the Respondent unlawfully disclosed and caused the publication of his child’s personal data, specifically the child’s name and examination results in a newspaper segment appearing under the Advertising Feature section of the Daily Nation, without the Complainant’s consent and in the absence of any other lawful basis thereof,” Data Commissioner stated in a report.

This case stands out because it wasn’t the first time the problem was brought up.

The complainant disclosed that the school had previously released the child’s information without permission in 2023.

After the initial incident, the school formally assured the parent that it would never again share the minor’s data without permission, acknowledging the parent’s concerns. Further, the school proceeded with the 2025 publication in spite of this written guarantee.

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“The Complainant alleges that the Respondent has, on several occasions, unlawfully shared, disclosed, and caused to be published his child’s personal data, specifically the minor’s name and examination results. He states that the first instance of such disclosure occurred in the year 2023,” part of the report read.

It adds, “Upon raising the issue with the Respondent at that time, the Respondent acknowledged the concern and assured the Complainant that it would neither share nor publicly disclose the minor’s personal data without obtaining his prior consent.”

The Constitution

The legal basis for the fine rests on Article 31 (c) and (d) of the Constitution of Kenya, which guarantees the right to privacy, and the Data Protection Act of 2019. The school was found to have no “lawful basis” for the publication, as marketing interests do not override the privacy rights of a child.

“Article 31 (c) and (d) of the Constitution of Kenya provides for the right to privacy. Consequently, as an effort to further guarantee the same, the Data Protection Act, 2019 (hereinafter known as ‘the Act’) was enacted,” part of the report read.

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Part of the Data Commissioner report on the fined amounting to Ksh 637,500 to the Nairobi Academy for using student’s exam results in National Ad without consent.PHOTO/Courtesy