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COSTLY: KTDA ordered to pay woman Sh1.5m for photo

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The High Court has asked the Kenya Tea Development Agency (KTDA) to pay a woman whose photo it used on marketing materials without her consent Sh1.5 million compensation.

Justice Lucy Gitari ruled that KTDA used Ann Njoki Kumena’s image on its marketing brochures without her consent, thus infringing on her rights.

The judge noted that Ms Kumena has a right to control how her image is used and that KTDA should have obtained her consent before using the same.

“Having considered the purpose for which the photograph was used which was for commercial purposes, a reasonable award ought to be given to the plaintiff. I find that an award of Sh1,500,000 is reasonable in the circumstances,” said the judge at Kerugoya High Court.

Ms Kumena claimed that KTDA unlawfully photographed and used her image, saying the action amounts to unlawful conduct and constitutes unjust enrichment of itself and unlawful interference with economic interest.

But KTDA opposed the claim saying she is not entitled to any royalties in a photo she does not have copyright to.

The firm noted that even if she is subject in the photo, which it denied she was, KTDA noted that she accepted to be photographed and voluntarily posed for the same and has not suffered any loss/damage nor had her fundamental rights been infringed upon as alleged.

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However, the judge said Ms Kumena proved that KTDA took the photo without her consent and used her photographs for commercial purposes, that is, advertisement of its products without paying any compensation.

The photo was published on brochure entitled Kenya Teas: Our field: Our Process and captioned ‘Plucking Green Leaf’.

The court noted that the photo was used as evidence that the tea is picked from KTDA plantations for the production of the quality tea being advertised and yet no consent was obtained.

This violated her rights entrenched in the constitution, the judge observed.

“Where a right is violated and the culprit has gained from that violation, the person is entitled to damages,” the judge noted.

KTDA was also ordered to pay the cost she incurred prosecuting the case in court.

Source: businessdailyafrica.com

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KWITU Founder Lilly Richards Launches New Shoe Line in the US

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Kenya Women in the United States (KWITU) founder and president Lilly Richards has launched a new shoe line dubbed “Lavish by Lilly.”

The shoes, intended for the high-end market, are handmade by a master Italian craftsman from pristine Italian leather and are available on order.

Ms. Lilly has taken to social media to express her joy even as she thanked her customers who have made orders for the shoes.

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“Yesterday I woke up to hundreds of tags on the Internet. I did not see it coming but the love and support was unbelievable,” she says.

“How did I get to be so lucky as to have your love and support. You have encouraged me and reassured me of God’s love and promises to us. I am beyond grateful. I am overwhelmed with joy. My heart is full and at this point I can say I am truly happy and always blessed. Thank you for standing with me as I take a chance. Thanks to all that have put in orders. Nashukuru.”

Lilly is an advocate for women and children and currently partners with results.org to help influence political decisions and bring to end preventable maternal and child deaths.

She founded KWITU, one of the largest and most active Kenyan women network in the diaspora.

READ ALSO:   Adultery is not illegal, Supreme Court rules

SOURCE: Mwakilishi.com

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We’ll continue giving money to churches, DP Ruto says

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Deputy President William Ruto has hit back at critics as the ‘dirty money’ in churches debate rages on.

Anglican Church Archbishop Jackson Ole Sapit waded into the debate when he announced that the church will review donations by political leaders.

Sapit spoke against using pulpits to ‘clean’ stolen money in the guise of charitable donations.

But on Wednesday, Ruto said his faith comes first before ‘politician’ titles.

“Since Sunday school we learned to kneel before and worship GOD that’s the ONLY reason we stand before men,” he said.

“We will continue to worship Jehovah with our hearts and substance.”

Ruto added that he is not unashamed of his God and unapologetic of his faith.

“We are Christians first other titles after,” he added.

The churches spoke against the backdrop of a vicious debate on harambees in churches.

Opposition leader Raila Odinga hit out at corrupt leaders for turning churches into avenues of laundering money obtained illegally from public coffers.

Wiper leader Kalonzo Musyoka also cautioned clerics against accepting money suspected to be proceeds of corruption.

Although the two leaders did not name names, their statements could have been a veiled attack on Ruto over his huge donations in church fundraisers.

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Ruto’s penchant for church donations has been a subject of heated debates, with a number of leaders questioning the source of the millions he has been using to bankroll church activities all over the country.

The DP has, however, remained unapologetic about helping religious institutions and fashioned himself as an evangelist dedicated to spreading the gospel and supporting churches – at one point saying he is investing in heaven.

source:thestar

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Former UoN student arrested for impersonating Aden Duale, defrauding public

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Officers attached to the Directorate of Criminal Investigations (DCI) at the central police station are holding a former University of Nairobi student who has been impersonating National Assembly leader of majority Aden Duale.

Mr James Oire Ombui is said to have opened a fake Facebook account using Mr Duale’s name where he has been luring unsuspecting members of the public to part with Sh 2,000 in order for them to access 10,000 scholarships allegedly set aside for students across the country.

According to a statement issued by the DCI, Mr Ombui had been asking unsuspecting Kenyans to send the cash to his two phone numbers listed as 0720886964 and 0722134712.

Central Police Station police boss Peter Atavashi said officers pounced on the suspect in Nakuru before transferring him to the central police station in Nairobi.

“He was arrested in Nakuru and brought to central police station after a complaint was made against him,” he said.

Nairobi News has also established that the suspect was arraigned in Nairobi on Tuesday to face charges of impersonating the senior Jubilee Party and parliament leader.

Nairobi News

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