Case Note
Githinji v Muhindi Mweusi Supermarket Limited
A former employee sued over the continued commercial use of her image on a supermarket's Facebook page and a billboard, alleging her signature on a consent letter had been forged and that she had never been paid for the advertising. The employer produced a signed consent letter and a WhatsApp message in which she had confirmed the final image was fine. The claim failed: allegations of fraud must be specifically pleaded and proved, and she had neither amended her pleadings to properly allege forgery nor called a handwriting expert to support it.
Whether you are defending a complaint, appealing a determination, or bringing a privacy claim of your own, the forum you choose and the procedural record you build early usually decide the outcome.
Muchangi Patrick & Co. Advocates represents complainants and respondents before the Office of the Data Protection Commissioner and on appeal, judicial review and constitutional petition before the High Court.
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