Connect with us

News

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

Published

on

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.

READ ALSO:   VIDEO: Kenyan judge stuns court as he calls Jowie a "woman eater," "male Slay Queen"

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

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Magistrate fundraises for woman who stole weave to look pretty

Published

on

A court has contributed money to settle the debt of a woman who stole weaves worth Sh1,140. Karyn Chelagat from Kilifi said she stole the weaves because she wanted to look as beautiful as other women.

She told Resident Magistrate David Odhiambo she is poor and could not afford the weave.Amid sobs, Chelagat was accused of stealing from a supermarket in Mtwapa on Sunday.

“I stole the weaves from the supermarket because I wanted to look beautiful like other women I see around. I had gone to the supermarket to buy one but upon looking at the price tag, I was disappointed to find it was too expensive,” she said.”So I decided to steal it.”

She added that poverty has stopped her from grooming herself and ‘looking beautiful’.“When I came to town I saw women sporting good hair and wearing quality make-up. I wanted to be like them.”

Odhiambo decided against convicting her and instead requested the court to contribute the Sh1,140.“I request that the lawyers present in court and anyone willing to contribute at least Sh100 to compensate the supermarket and help raise some funds to help this woman.”

Lawyer William Bosire gave out Sh2,000 to settle Chelagat’s debt and keep her from staying in jail for two years or paying a Sh50,000 fine.Odhiambo also directed the investigating officer to return the stolen weaves to the supermarket and hand over the Sh2,000 to Chelagat for food and the debt.

READ ALSO:   VIDEO: Late night Kenyan drinkers welcome the outlawing of Alcoblow

By Standard.co.ke

Continue Reading

News

UoN student left for the dead after alleged beating by varsity guards

Published

on

A student at University of Nairobi was over the weekend allegedly battered by guards at the College of Architecture.

Students Organisation of Nairobi University (Sonu) chair Ann Mvurya accused the security guards, attached to Lavington Security Limited,  of beating Kelvin Ochieng despite his efforts to prove that he was a student.

The operations manager of Lavington Security Limited confirmed the incident to Nairobi News.

Ms Mvurya told journalists that Kelvin had even logged to his student portal and confirmed that he was a student of registration number D33/83354/2017.

“He had already logged in to his portal to confirm that he is indeed a student but the ignorant security guards, after failing to understand how a portal operates, started beating him up,” she said.

Ms Mvurya claimed the guards stole Sh3,200 from the student before ‘stripping him with an aim of covering their heinous acts’.

The student sustained deep head cuts and was taken to the University Health Service (UHS) dispensary.

“This is uncalled for and should be brought to an end,” she said.

By Nairobinews

READ ALSO:   VIDEO: Kenyan judge stuns court as he calls Jowie a "woman eater," "male Slay Queen"
Continue Reading

News

Ex-KRA boss Njiraini, Murugi shortlisted to head National Land Commission

Published

on

Former Kenya Revenue Authority (KRA) Commissioner General John Njiraini is among the 11 candidates shortlisted for the chairperson of the National Land Commission.

Njiraini, who had sat at the helm of  KRA since March 2012, left last month after his term expired.

Former Nyeri MP Esther Murugi has also been listed as a contender for the NLC Board top seat that fell vacant when Mohammed Swazuri’s tenure ended.

Swazuri’s tenure was tainted with controversies and culminated in several arrests and subsequent arraignment.

On Tuesday, an advertisement in the local daily also named other candidates shortlisted for NLC Board Chairperson as Mwenda Makathimo (Executive Director of the Land Development & Governance Institute); prominent lawyer Gershom Otachi; Naomi Wagereka (former Federation of Women Lawyers (FIDA) Chairperson); Robert Kilimo, Patrick Adolowa, Humphrey Njuguna, Paul Wambua, Tiyah Ali (Isiolo County MP) and Gershom Bw’Omanwa.

According to the National Land Commission, the above candidates were shortlisted from 117 applications which the commission received.

Notable personalities who were shortlisted for membership positions include Francis Nderitu (Ndaragwa MP), Prof Gitile Naituli and Adan Abdi Mohamed (former National Cohesion and Integration Committee (NCIC) commissioners), Boniface Otsyula (Bumula MP), Alex Muthengi (former Tharaka MP) and Omingo Magara (former South Mugirango MP).

The candidates are required to appear before an interview panel starting 7:30a.m on Monday, July 29.

READ ALSO:   Kenyan Businessman jailed in US for 10 years

Upon interviews, two qualified applicants for the position of chairperson will be shortlisted and 16 for members, then forwarded to the President.

The President is then expected to nominate the chairperson and eight members within 14 days, then forward to the National Assembly for vetting within 21 days.

Should Parliament approve the names within seven days, they will be again forwarded to the President, who will then appoint them through a Gazette notice.

Continue Reading

Do you want to own an affordable home in Kenya?

Are you looking for a Church to fellowship in Atlanta Metro Area?

poapay3

Like us on Facebook, stay informed

NEWS TRENDING RIGHT NOW

2019 Calendar

satellite-communication1.jpg

Trending

error: Content is protected !!