By The Weekly Vision
A Judge has ordered Kenya Methodist University (KeMU) to pay Claris Kinya Bundi Ksh. 500,000 for using her image for commercial advertisements without her consent. A ruling dated 22nd June 2023 delivered by Judge Edward Muriithi declared that KeMU’s acts was a violation of Bundi’s fundamental right to privacy.
He further gave orders of injunction compelling KeMU to pull down the advertisement publications featuring Bundi’s image on its social media pages Facebook, Twitter and any other website. He further awarded general damages of Ksh.500, 000 for breach of Bundi’s right to privacy. Bundi averred that on or about 9th November 2020, KeMU, without her consent, authority and/or permission caused her picture to be published for commercial advertisement, advertising KeMU’s 20th graduation ceremony, courses that it would offer in the year 2021 and promoting 2021 January intake in its Facebook and its Twitter official account
She further averred that on diverse dates between 5th November 2020 and 23rd November 2020, the university caused to be erected at its main entrance a billboard bearing her image advertising its 20th graduation ceremony, courses that it would offer in the year 2021 and promoting 2021 January intake without her consent, authority and/or permission.
On diverse dates in November 2020, KeMU without her consent, authority and/or permission caused her picture to be published for commercial advertisement, advertising its 20th graduation ceremony, courses that it would offer in the year 2021 and promoting 2021 January intake on its brochures. She averred that the photographic image used by KeMU was a photo obtained from her private Facebook account and that KeMU never bothered to obtain her consent, offer monetary compensation for the use of the image for its commercial advertisement with a view of promoting its 20th graduation ceremony, promoting courses it offered in its 2021 calendar, promoting January 2021 intake dubbed #Congratulationstothegraduatingclassof2020.
The judge noted “This court finds that the Defendant is liable for the use of the Plaintiff’s image to advertise its 20th graduation ceremony and the January 2021 intake, without her consent. There is no doubt that the said use violated the Plaintiff’s right to privacy under Article 31 of the Constitution and she was entitled to compensation”.
