A Nairobi resident, Samuel Mburu Maina, has taken legal action against East African Breweries Ltd (EABL), demanding Sh20 million in compensation for allegedly using his image to promote its products without his consent. Mburu accuses the brewery of violating his intellectual property and personality rights by publishing his photograph without authorisation. He claims that his image was used to advertise and market alcoholic beverages on Facebook and X without his approval.
He further asserts that EABL and Kenya Breweries Ltd (KBL) exploited and appropriated his photographs, leading to their commercial and reputational gain while disregarding his rights. As a result, he is seeking court intervention to declare that he is entitled to damages amounting to Sh20 million for the infringement of his constitutional rights and freedoms.
Mburu is urging the court to order the removal of his images from EABL’s social media platforms, promotional campaigns, and any other channels under its control. Additionally, he seeks a permanent injunction restraining both KBL and EABL from using his image in future advertisements or promotions without his explicit consent.
He also wants the court to declare that the publication of his image on social media platforms—including Facebook and X—was defamatory and harmed his reputation. He argues that the incident has caused him mental distress, as well as strained relationships with family, friends, and business associates who have questioned his integrity.
According to Mburu, he became aware of the unauthorised use of his image on 26th January 2023, when friends and relatives showed him a Facebook post by an account named Rockshore TropicalKE. The post featured a looping video with a photograph of him gazing at a beer bottle, accompanied by the caption: “The beer that brings flava when hanging out with your squad #rockthatflava.” The publication had amassed over 314,000 views and 8,900 likes, with the numbers still increasing.
That same day, he contacted Rockshore Tropical Beer via Facebook Messenger, requesting the removal of his image within 24 hours. The following day, the video was also posted on X under the handle @RockshoreKE. Despite his complaints, he claims that the advertisements remain publicly accessible, and he has not received any response or acknowledgement from the company.
As Rockshore Tropical Beer is a brand of Kenya Breweries Limited, Mburu sent a formal demand letter to KBL on 3rd February 2023, notifying them of the constitutional violations and requesting the removal of his image within seven days. He also demanded an apology for the unauthorised commercial use of his likeness.
In response, KBL argued that disclaimer notices were displayed at the event where his photo was taken, implying that his participation constituted consent. However, Mburu maintains that he neither saw the disclaimers nor freely agreed to waive his rights. Furthermore, he insists that his messages of protest on 26th January 2023, along with his formal demand letter on 3rd February 2023, served as a clear withdrawal of any presumed consent—a right protected under the Data Protection Act.
