Student Awarded Ksh500K in Image Lawsuit Against University.
A former University of Nairobi student has been awarded Ksh500,000 after suing Kabianga University for using his graduation photo without his consent.
The ruling, made by a Kericho High Court judge, found that the university had violated the student’s rights to privacy and human dignity by publishing his image without his express consent.
The judge also ruled that the petitioner’s intellectual property rights had been infringed, entitling him to the amount in damages he demanded.
The former student, who graduated in December 2019, moved to court after he discovered that his graduation photo was used on Kabianga University’s website in 2020.
According to the petitioner, the respondent used his image and person to market a joint programme with a multinational bank, which he argued commercially benefitted the institution.
In submissions to the court, he claimed that the use of the photo caused him irreversible suffering as he was linked to the institution.
The petitioner argued that the respondent’s action had subjected him to psychological torture because society, peers, associates, family, business partners, and affiliates perceived him to have graduated from the University of Kabianga, concluding that he had been untruthful of his academic credentials from the University of Nairobi.
The court documents stated that, unless his prayers were granted, he would continue to suffer the complained violations in a manner that could not be compensated by way of damages.
The ruling issued by the judge not only awarded the former student Ksh500,000 in damages, but it also ordered the university to meet the litigation costs of the lawsuit. It also issued orders barring the institution from using his photo without express consent.
The determination of the matter was guided by a ruling made by a Machakos High Court that prevented academic institutions from using students’ photos for commercial marketing.
Delivered by Justice M. W Muigai in August 2022, the court explained that using the photos without their consent was unlawful and a violation and infringement of their rights.
In conclusion, the court’s decision serves as a reminder to academic institutions and other organizations that using someone’s image without their consent is a violation of their privacy and intellectual property rights.
It is imperative that institutions seek express consent before using someone’s image, as failing to do so could lead to severe legal consequences.
The ruling in this case serves as a warning that violating someone’s rights to privacy and dignity can result in significant financial repercussions for institutions.
Student Awarded Ksh500K in Image Lawsuit Against University.