The court has awarded the 80 years old David Gicheru Sh 2 million for unlawful termination from Uhuru Kenyatta-inherited Brookside and use of his photograph without his consent. The elderly was fired in 2018 after complaining when Brookside Dairies used his picture in its calendar.
Mr Gicheru through lawyer Donald Kipkorir sued Gicheha Farms and Brookside Dairies.
In 2017, Mr Gicheru said, he was photographed without his consent and Brookside published his image on various marketing media including calendars, which were used in Kenya, Uganda and Tanzania.
Don Kipkorir said they sought audience with the management for compensation but nothing was forthcoming despite promises. He thereafter opted to file the lawsuit.
On their defense, Uhuru’s companies denied the claims stating that there were no constitutional issues to be addressed. According to Brookside, the publication was done in good faith and was not an invasion of his privacy as alleged.
However, Justice Hellen Wasilwa said in her ruling that there was no evidence that Mr. Gicheru agreed to be photographed as per the 2018 calendar. She added that his privacy was infringed and there was no indication he was paid for the use of his photo.
“I find that he is entitled for damages for the infringement and I award him Sh1.5 million as compensation accordingly,” she saidJudge said. The court also orders his former employer to pay him Sh1.6 million for unfair termination.
