Rafiki microfinance has been ordered to pay a fine of Ksh.2 million to a bodaboda rider after the company used his image for advertisement purposes without his consent.
This is In a case filed at the high court by Mutuku Ndambuki Matingi, a bodaboda rider who was a customer of Rafiki Microfinance where he had borrowed and repaid a loan to acquire a motorcycle.
Mr Matingi told the court that the Micro Finance then approached him in 2015 and requested to take his photo on grounds that he was a loyal customer.
Rafiki microfinance would later use the image in advertising motorcycle loans offered by the microfinance — an act Mutuku said violated his fundamental rights to privacy and human dignity.
Mutuku in a report written by Business Daily says that though he agreed to have his photograph taken, he did not consent or sign any document giving permission to the bank to use his image for advertisements.
“The Petitioner (Mr Matingi) was therefore surprised when he started seeing pamphlets published by the respondent (Rafiki) prominently showing his image and likeness and in particular the said promotion,” reads the court papers.
Mutuku is said to have incurred numerous loses as a result of the advert as the adverts made him a source of laughter among his friends and bodaboda colleagues who saw him as a broke model and that he also lost some of his loyal customers.
He told the court that he was to stand for elections in Machakos Riders Youth Self Help Group but was rejected by members who stated that they could not elect a model and a man with debts as their representative.
On their part, Rafiki Microfinance told the court that it signed an agreement with Mr Matingi.
However, the microfinance failed to provide any evidence of the signed agreement.
After hearing the case, the court imposed a fine of Ksh.2 Million on the Microfinance as compensation for damages and unlawful use of his image without Mutuku’s consent.
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