![Donald Kipkorir](https://www.businessdailyafrica.com/image/view/-/5444156/medRes/2551243/-/maxw/960/-/alc402/-/don.jpg)
An elderly plumber formerly employed by President Uhuru
Kenyatta’s family firm will get Sh2 million for unlawful termination and
use of his photograph without his consent, a court has ruled.
Mr
David Gicheru, 80 years, was shown the door 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.
Mr
Kipkorir said they sought audience with the management for compensation
but nothing was forthcoming despite promises. He thereafter opted to
pursue legal claim, a move that earned his client the sack in July 2,
2018.
The companies, however, denied the claims and urged the court to
dismiss the case as there were no constitutional issues to be
addressed. Brookside said the publication was done in good faith and was
not an invasion to his privacy as alleged.
It said it
engaged the elderly man with a view of settling the matter but he
frustrated the efforts, insisting that his advocate to handle the
matter.
But in her ruling, Justice Hellen Wasilwa said
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 order his former employer to pay him Sh1.6 million for unfair
termination.
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