Case Note
Matanta v Old Boma Limited t/a Saruni Basecamp
Years after his employment ended, a former employee discovered his images still being used on the company's social media to advertise its business. The company argued he had given implied consent by participating in the original photoshoot. The Court held that consent to being photographed during employment does not extend to indefinite commercial use after termination absent clear authorisation, that the burden of proving consent for the continued use rested on the company (which produced no documentary evidence of it), and that privacy is not confined to intimate images — it extends to control over the commercial use of one's likeness. Damages and a permanent injunction followed.
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.
Muchangi Patrick & Co. Advocates