A local bank was ordered by the Machakos High Court to pay a boda boda rider Ksh2 million as compensation for using his image in advertisements without consent.
According to the documents presented before Justice George Odunga, Mutuku Ndambuki had taken a loan from the bank to buy a motorcycle. The boda boda rider affirmed that he successfully repaid the loan and interest without fail.
According to Ndambuki, the bank requested to take a photo on the account that he was a loyal customer to which he verbally agreed.
The boda boda rider stated that he did not know the bank was to use the photos for a promotion for the purchase of motorcycles.
"Ndambuki was therefore surprised when he started seeing pamphlets published by the respondent prominently showing his image and likeness and in particular the said promotion," reads the court documents.
He emphasized that he didn't sign any document giving permission or authority to the bank to use his image for any advertisements or promotions.
Further, he argued that he was rejected to become chairman of the Riders Youth Self Help Group by its members who stated that they could not select a model as its representative.
The bank disputed the boda boda rider's claims arguing that his statements were false. It stated that Ndambuki had signed an agreement to have the photos used.
However, the bank failed to produce documents to prove its claims. Justice Odunga, upon reviewing the evidence, acknowledged that the bank had violated Ndambuki's fundamental rights to privacy and human dignity under Article 28 and 31 of the constitution of Kenya.
"Every person has inherent dignity and the right to have that dignity respected and protected," part of the constitution reads.
The judge ordered the bank to pay Ksh2 million to account for the damages for the violation of Ndambuki's rights as well as a permanent injunction was issued to the bank restricting it from using Ndambuki's image.
