Kenya Tea Development Agency (KTDA) will pay a woman ksh1.5 million for using her photo without approval.
Kerugoya High Court Judge Justice Lucy Gitari ordered KTDA to cough up the cash to Ann Njoki Kumena for using her photo for marketing purposes.
Justice Gitari noted that Njoki has a right to control how her image is used and that the agency should have obtained her consent before using the same.
Njoki claimed KTDA unlawfully took her pictures and used her images for financial gain.
“Having considered the purpose for which the photograph was used which was for commercial purposes, a reasonable award ought to be given to the plaintiff.
“I find that an award of Ksh1.5 million is reasonable in the circumstances,” ruled the judge.
She ordered that KTDA also pays the legal costs that the plaintiff incurred to seek justice in court.
The photo was published on a brochure entitled Kenya Teas: Our field: Our Process and captioned ‘Plucking Green Leaf’.
The court noted that the photo was used as evidence that the tea is picked from KTDA plantations for the production of the quality tea being advertised and yet no consent was obtained.
“Where a right is violated and the culprit has gained from that violation, the person is entitled to damages,” Justice Gitari remarked.
