A motorcycle rider who sued a financial institution for using his image in an advertisement without his prior consent has won a potential life-changing compensation.
Mutuku Ndambuki Matingi from Kenya sued Rafiki Microfinance Bank for using his photo for advertising motorcycle loans.
The plaintiff argued that the bank violated his fundamental rights to privacy and human dignity.
According to Tuko.co.ke, the court agreed with Mutuku and has awarded KSh 2 million (GHS104,080.67) compensation against Rafiki Microfinance Bank to be paid to him.
The bank took his photo in 2015 after securing a loan to purchase a motorbike but did not inform him it intended to use it for commercial purposes.
“The petitioner was therefore surprised when he started seeing pamphlets published by the respondent prominently showing his image and likeness and in particular the said promotion,” the news portal quoted part of the court papers he filed.
Matingi believed that the adverts with his image on them made him a laughing stock among his peers.
He further noted that he lost some of his loyal customers as a result of his image being used by the bank for commercial benefit without first seeking his authorization.
To demonstrate how gravely Rafiki Microfinance Bank’s action affected him, Matingi told the court that he failed in his bid to represent the Machakos Riders Youth Self Help Group in elections as he was considered broke.
Rafiki Microfinance Bank denied the plaintiff’s claims, saying it had an agreement with Matingi to use his image. It however failed to provide any evidence to prove its case.