Dhabiti Sacco Limited based in Maua, Meru County, will pay a woman Sh1.5 million for publishing her picture without her consent.
This comes after the Sacco lost an appeal against a court ruling ordering it to pay the amount to complainant Sharon Nyaga.
Nyaga sued the Sacco in 2019 seeking general and exemplary damages after accusing the society of invasion of her privacy and violation of image rights for undue enrichment.
In her suit filed at Meru Chief Magistrate’s Court, she claimed that in January 2019, the Sacco published her picture in its annual calendar by way of advertising its services and product.
She argued that the Sacco was liable for infringement of her right to privacy and deprivation of property without compensation.
According to Nyaga, she went for a photoshoot after graduating in 2018 and took photos in her graduation gown.
In February 2019, she stated that she started receiving calls from her friends and relatives informing her that she was on a calendar.
After establishing that indeed her image had been used on the calendar, Nyaga said, she sent a letter to the Sacco seeking to know why it had used her picture without her permission.
Nyaga later posted the photo, which was taken in Meru by a photographer only identified as Tony, on Facebook but the photographer said he did not give the photo to the Sacco.
Titus Miriti Munjuri, the CEO of the Sacco, testified that it contracted a third party, namely Mastermind Media Services, for graphic design works and printing of 3,000 calendars for the year 2019.
The calendars were given to members and depositors.
The CEO wanted Mastermind Media Services enjoined in the case and asked the court to dismiss Nyaga’s suit saying the Sacco was not liable.
However, the trial court found that the applicant had proved her case on a balance of probabilities and awarded her general and exemplary damages of Sh1.5 million for invasion of her privacy and using her image rights for undue enrichment.
Not satisfied with the decision, the Sacco filed an appeal in July 2021 however, Justice Patrick Otieno dismissed the appeal.