NHIF appeals Sh10m award over use of couple’s photo

NHIF Building in Upperhill, Nairobi. FILE PHOTO | NMG

By JOSEPH WANGUI
More by this Author

Summary

• The State-owned insurer says the High Court judge, Ann Ong’injo, erred in law when she awarded Joel Mutuma Kirimi and his wife Sharon Chepkorir Koskei on February 19, 2020.
• NHIF argues that the judge failed to appreciate that the firm did not use the images for commercial purposes.
• The husband and wife, who are also lawyers, were awarded Sh5 million each after the court found that the acts of NHIF to publish their images in advertisements without their consent was a breach of rights to privacy and human dignity.

The National Hospital Insurance Fund (NHIF) wants the Court of Appeal to quash an award of Sh10 million awarded to a Meru couple whose photo the insurer used for marketing on social media without their consent.

The State-owned insurer says the High Court judge, Ann Ong’injo, erred in law when she awarded Joel Mutuma Kirimi and his wife Sharon Chepkorir Koskei on February 19, 2020.

NHIF argues that the judge failed to appreciate that the firm did not use the images for commercial purposes.

The husband and wife, who are also lawyers, were awarded Sh5 million each after the court found that the acts of NHIF to publish their images in advertisements without their consent was a breach of rights to privacy and human dignity.

The couple sued NHIF after the fund published their images on its social media accounts including Facebook, Twitter and Instagram for commercial advertisements.

They were published on various dates between February and April 2018 when NHIF was promoting a health insurance scheme dubbed as SuperCover. The couple told the court that the picture was retrieved from Mr Kirimi's facebook page.

NHIF did not obtain their consent to use theimage, establish whether they were a couple or make compensation, said Mr Kirimi.

The lawyer added that the use of the picture has eroded their public confidence and hurt the couple's career as advocates.

NHIF denied the couple's pictures were used for commercial advertisement.

The fund told the court that it is not engaged in commercial business, arguing that it runs a social insurance scheme for enhancing the State's aim of universal and affordable healthcare.

NHIF says it obtained the pictures from a website known as pixabay.com, which shares copyright-free images and videos.

But Mr Kirimi denied knowledge of the website or posting the images on it. The couple had demanded Sh20 million compensation.