Consent to the old company does not transfer to whoever buys the business

A company that had acquired a going concern — including its website and digital assets — continued to display images of two former employees of the previous business for commercial promotion. The ODPC awarded each complainant Kshs 500,000. On appeal, the Court held that continued hosting and public display of the images was itself "processing" under the Act, that the acquiring company had produced no evidence of consent for that continued, post-acquisition use, and that consent given to the previous company did not automatically transfer to the new owner or extend to a new commercial purpose. The Court did, however, find the quantum excessive and reduced each award to Kshs 300,000, while confirming that the absence of an oral ODPC hearing had not itself denied the appellant a fair hearing.