The Kenyatta owned Brookside Milk Company has been ordered to pay an 80-year-old man Sh1.5 million for using his image for promotional services without his consent and an additional Sh1.6 for job termination.
The Man, David Gicheru according to Business Daily is said to have been employed as a plumber before his image was used on calendars that were distributed in Tanzania and Uganda.
In her ruling, Justice Hellen Wasilwa indicated that Gicheru’s privacy was violated adding that he was not paid for it.
“I find that he is entitled to damages for the infringement and I award him Ksh1.5 million as compensation accordingly,” stated Wasilwa.
Read: Brookside Dairy On The Spot As Customer Purchases “Diluted Milk” (Video)
Through his lawyer Donald Kipkorir, Gicheru had documented the frustrations he went through when he tried reaching out to the company management in regards to the photos used.
For instance, the publication accounts that the efforts to have the issue settled by the company management fell on deaf ears as no attention was accorded to him.
Gicheru thus opted for a legal option where he sued the Company in 2018, July, 2.
Through documents presented in court, the defense denied the claims arguing that no privacy was invaded as there were no constitutional issues to be addressed.
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Additionally, the Company stated that Gacheru had frustrated their efforts to reach an amicable understanding in settling the issue.
The Judge, however, indicated that there was no evidence to prove the man consented to have his image used and at the same time faulted the company for unlawfully terminating his employment.
Gacheru is thus to be paid Sh3.1 million in total.
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