An 80-year-old man will be smiling to the bank, thanks to a court ruling that ordered a Kenyatta owned milk company, Brookside, to pay him Ksh1.5 million for allegedly using his image.
According to a report by Business Daily on February 5, 2020, the elderly man, David Gicheru, who was employed as a plumber, claimed that the company had used his image for marketing purposes without his consent.
Through his lawyer, Donald Kipkorir, stated that the photo was used on calendars that were distributed in Kenya, Uganda and Tanzania.
He further narrated the frustration that followed when he tried to reach out to the company's management, adding that his attempts fell flat almost at every turn.
After a while, he sought to pursue a legal route and sued the company on July 2, 2018.
In its defence, the business argued that there were no constitutional issues to be addressed and denied the claims. The firm also claimed that it had not invaded Gicheru's privacy.
The enterprise also blamed the man for frustrating their attempts to settle the matter.
In her ruling, Justice Hellen Wasilwa, however, noted that there was no sufficient evidence that Gicheru's consent was sought.
She further ruled that his privacy was violated and the man was not paid for it.
She, therefore, ordered the company to pay him Ksh1.5 million in damages with an additional Ksh1.6 million for job termination.
“I find that he is entitled to damages for the infringement and I award him Ksh1.5 million as compensation accordingly,” stated Wasilwa.
