The High Court directed a betting firm on Friday to pay Sh1.5 million compensation to two parents for using photographs of their children in promotional advertisements.
Justice John Mativo said the firm, Green Sports Africa Ltd, violated the fundamental rights and freedoms of the minors by using their images on the bill board which was erected next to Unga House, Woodvale Avenue in Westlands, Nairobi County.
The children were entitled to damages since their rights were protected by law. “There is absolutely nothing to demonstrate that the firm sought and obtained the consent of the parents.
By voluntarily posing for the photographs the children cannot be said to have consented for the simple reason that they lacked the requisite capacity to grant the consent on account of being minors,” the Judge said.
