Ferdinand Omanyala: The Amount Africa's Fastest Man Was Awarded After Winning Data Privacy Case

Africa's fastest man, Ferdinand Omanyala, is among several Kenyans who have been awarded a share of over KSh 30 million in compensation for data protection violations.

The rulings, delivered in 2025, saw the Office of the Data Protection Commissioner (ODPC) enforce digital rights by upholding complaints from individuals whose personal data was misused.

Established under the Data Protection Act of 2019, the ODPC became operational in 2020 with a mandate to safeguard and regulate the processing of personal information in Kenya.

The conflict began when Ferdinand Omanyala discovered his likeness being used on Oxygene’s official website, a communications agency.

The marketing firm had featured a promotional poster of the sprinter on their "Work" page, highlighting a project they had executed for Safaricom PLC titled "Making of a Star."

While Ferdinand Omanyala had participated in a photoshoot for the project, he testified that he had later declined to pursue the partnership due to irreconcilable differences. Crucially, he had explicitly instructed the firm to erase all his personal data and images.

Despite this withdrawal of consent, the poster remained active on the firm's digital platform well into late 2024. Ferdinand Omanyala argued that Oxygene was leveraging his global brand and athletic prestige to market their agency’s capabilities to potential clients without his permission or compensation.

In their defence, Oxygene Marketing Communication Limited admitted to the presence of the image but attributed it to a "technical error."

They claimed the photo was uploaded "erroneously and accidentally" by staff during a routine website update. While the firm issued an apology and removed the content immediately after receiving a demand letter, the ODPC remained firm.

The Commissioner ruled that "accidental" breaches do not absolve a data controller of their legal obligations under the Data Protection Act.

The ODPC determined that once a data subject withdraws consent, any further processing of their data is unlawful. For the unauthorised commercial use of his image, Oxygene was ordered to pay Ferdinand Omanyala KES 500,000.

This ruling, part of a larger wave of payouts to Kenyans in 2025, serves as a stern warning to the marketing and advertising industry. It reinforces the principle that an athlete’s image is their intellectual property.