IN SUMMARY
David Gicheru, was sacked in 2018 after complaining when Brookside Dairies used his picture in its calendar.
80 year old plumber formerly employed by President Uhuru Kenyatta’s family firm, Brookeside Dairies will get Sh2 million for unlawful termination and use of his photograph without his consent, a court has ruled.
In 2017, Mr David Gicheru claimed that Brookeside Dairies used his image on various marketing media including calendars, which were used in Kenya and the neighboring countries without his consent.
His lawyer Mr Donald Kipkorir said his client sought audience with the management for compensation but nothing was forthcoming despite promises. He therefore opted to pursue legal claim, a move that earned his client the sack in July 2, 2018.
Brookside, however denied the claims saying the publication was done in good faith and was not an invasion to his privacy as alleged.
The companies, therefore urged the court to dismiss the case as there were no constitutional issues to be addressed.
It added that it engaged Mr Gicheru with a view of settling the matter but the company’s efforts were frustrated.
Justice Hellen Wasilwa ruled 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,” said the Judge.
The court also ordered his former employer to pay him Sh1.6 million for unfair termination.
You can read the full verdict here:
