An appeal filed by Brookside Dairies and Gicheha Farms against a plumber who won a lawsuit against them on January 21, was rejected by Justice Hellen Wasilwa.
The firms, associated with the Kenyatta family, had engaged in the court battle with David Gicheru, an 80-year-old plumber, after he was sacked in 2018 for complaining over the use of his picture in a company calendar.
The court found in Gicheru's favour and directed that he be paid Ksh1.5 million for use of his picture and Ksh139,000 being 11 months compensation in line with his pay package following the dismissal.
The firms appealed, seeking to have the judgment set aside. They claimed they heard of the ruling through reports in the Business Daily.
Grace Manugu, a Human Resources Manager for the two companies, swore an affidavit in which she described the court process so far as an unfair trial.
She argued that the companies had not been given a chance to respond to various issues that emerged in the case.
Justice Wasilwa, however, did not agree and noted that the companies did not deny receiving court papers from Gicheru in October 2019.
"From that point on until judgment was delivered on January 21, 2020, the respondent still had an opportunity to seek directions and file their submissions. They did not do so.
"In this court's view, the counsel for the respondents ignored their duty to the respondents and failed to attend court and file the necessary documents. This omission cannot be excused. The respondents are the author of their own misfortune and therefore the application to set aside the judgment is denied," she noted.
Gicheru had been photographed without his consent and the image used in promotional material for Brookside in various East African countries.
In his original suit, he noted that he sought compensation from the company's management and was given promises and assurances which failed to materialise.
He noted that after deciding to take the legal route, he was dismissed on June 2, 2018, after refusing to drop the case.
