KTDA to pay woman Sh1.5m for using her picture on brochure without permission
A court has awarded a woman Sh1.5 million as compensation after a company used her picture on a brochure without her permission.
In the judgment delivered on February 15 in Kerugoya, Ann Njoki Kumena won the amount against Kenya Tea Development Agency Limited (KTDA) after a judge ruled that the company infringed on her privacy for use of her image in a marketing brochure.
The ruling was published on Thursday by Kenya Law.
Kumena had complained that KTDA had, without her knowledge or consent, unlawfully photographed her and used the photographs in its marketing brochure titled “KENYA TEAS”.
But in its defence, KTDA said she had consented to the taking of the photograph and voluntarily posed for the same. The company, however, failed to prove this in court.
Judge L.W. Gitari had asked KTDA to file witness statements and list of documents to show consent. It did not present any material.
“The plaintiff has proved that the defendant took a photograph of herself, without her consent and that the defendant used her photographs for commercial purposes that is, advertisement of its products. No compensation was paid,” the Judge ruled.
According to the Judge, Article 31 of the Constitution provides that every person has a right to privacy which includes the right not to have their person home or property searched and, their possession seized.
The compensation was granted because the company used the photograph for commercial gain.
“Where a right is violated and the culprit has gained from that violation, the person is entitled to damages,” ruled the judge.