A director of a school in Diani, Kwale County is on the spot for allegedly using images of children to solicit money from investors to fund the opening of her own school.
A petition filed under a certificate of urgency before a Kwale High Court on February 8, by Sara Were, the manager of a children’s home reveals how the director of Tabasamu school has been misrepresenting herself as a director of the shelter home for street children and orphans to solicit funds from the investors by using the children’s images as proof to obtain funds.
The manager has also sworn an affidavit to demonstrate how Ann De Bruyn who came to the organization in July 2022 as a volunteer and sponsor of some of the children, started inciting some of the staff against her in the same year.
The petitioner argues that she obtained information from the investors that Ann allegedly utilized images of children to seek funds purportedly for opening her school and for personal enrichment.
“The applicants also learnt later that the fourth respondent has incited three of its staff members to leave the organization and steal money that was meant for groceries and the feeding of the children forcing the Applicants to issue money from their own pocket and that she went ahead and opened her own institution, the 5th Respondent with the staffs she incited from the Applicants,” court papers read.
Following the petitioner’s move to court to seek orders compelling the Office of the Director of Public Prosecution and OCS Diani police station to direct closure of Tabasamu school within 14 days and subsequently commence investigations into the institution’s operations with findings presented promptly.
Lady Justice Anne Onginjo ordered Tabasamu school and its director against using the children’s images without consent pending hearing and determination.
Additionally they were directed to take down the images from their school website, social media, and other platforms.
“That the 4th and 5 Respondents are directed to take down the images of the 3rd applicant’s children from their school website, social media pages and or any other form of digital and or print media pending inter parties hearing and final disposition of this application.” Justice Onginjo ordered.
Were through her lawyer Elikana Mogaka alleges that De bruyn disseminated false information about her on various channels causing emotional harm.
Additionally, she damaged her reputation with sponsors resulting in significant loss of donors
“The fourth respondent later on went and reached out to the applicants sponsors/donors via social media and damaged our name to the sponsors causing us to lose many donors,” says the affidavit.
The manager further states that during De bruyn’s visit to Kenya, she diverted security guards and took young mothers entrusted to her care by the Kenyan Government.
Despite warnings, the director of Tabasamu school who lacks copyright and is not entitled to royalties for using the images continues to use the children’s images to solicit funds, leading to financial losses for the Applicants.
The applicant contends that due to actions by Tabasamu school, she has incurred financial losses, with investors asserting sponsorship through the Director Tabasamu school, who is not an official member of the Kabene Children’s home and Group.
The court certified the application as urgent subsequently directed the application to be served on February 26, for inter-parties hearing before Justice Mutai in the high court of Kwale.
In the petition the Republic, the Director of Public Prosecutions, the OCS Diani Police station, Ann De Bruyn and Tabasamu school have been sued.
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