The Milimani Commercial Court has ruled that Kenya Orient should pay Kevin Kimani Mungai Ksh500,000 for using his photo on their Facebook page without his consent.
Submissions made by the claimants lawyer Titus Koceyo before senior principal magistrate Addah Obura revealed that the insurer posted Mr Mungai’s photograph for a promotional advertisement without consulting him first.
“The advertisement ran from October 18, 2013 and received over 18,700 likes and visitors for the defendants (Kenya Oriental Insurance) own economic gain,” submitted Mr Koceyo.
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The photo was taken when Mungai went to collect a mobile phone, which he had taken for repair. The device had been insured with Kenya Orient.
He inquired why his photo was being taken and was told that “it was proof they had repaired the phone to avoid any future claims”.
The court found that the insurer posted photos on their social media pages to gain financial mileage in their business, and not a customary practice as they claimed.
“Such consent was necessary. It is not convincing that they were merely advertising and were not gaining anything from such visits to their Facebook page,” ruled the magistrate.
“In view of the foregoing I hereby enter judgement in favour of Mr Mungai in the sum of Sh500,000 plus costs and interest.”
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