The Media Complaints Commission dismissed a complaint against the Daily Nation newspaper concerning a photograph used in a report on rising fuel costs.
The determination was issued on Wednesday, 5 February 2026.
The complaint was lodged by Nico Otieno Nissen Magather regarding a photograph published in the Daily Nation on 18 January 2024. Mr Magather alleged that the image, which depicted him walking, was used without his consent and portrayed him in a “misleading and disparaging” manner, thereby infringing upon his dignity and privacy. He sought a public apology and a clarification from the publication.
In their defence, the respondents, Nation Media Group Limited and the Editor of the Daily Nation, stated that the photograph was taken in a public place during lawful newsgathering activities.
They argued that the image was used illustratively in a story about the public impact of escalating fuel costs—a matter of significant public interest.
Upon reviewing submissions, evidence, and the relevant provisions of the Media Council Act, 2013, and the Code of Conduct for Media Practice, the Commission made several key findings.
It determined that photography in public places for the purpose of legitimate journalism does not ordinarily require an individual’s consent.
Furthermore, it found that the image and its accompanying caption were general and illustrative and did not attribute any specific actions or facts to the complainant personally.
Consequently, the Commission concluded that the publication did not constitute an infringement of Mr Magather’s right to privacy or dignity.
In its conclusion, the Commission found the complaint to be without merit and dismissed it in its entirety. No order was made as to costs.
The ruling reaffirms the media’s role in reporting on matters of public interest.
The Commission reiterated that while media houses must strictly observe the Code of Conduct, they are entitled to exercise responsible editorial discretion in their reporting.
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