Kenyan Super Model Paid Ksh240k After Company Used Her Pictures Without Permission
A Kenyan company that sells human hair wigs has been ordered to pay a commercial model Sh240,000 for using her photos to promote its products on Instagram without her permission.
In awarding Makena Nyambura, Justice Lawrence Mugambi faulted Julie Muiruri, owner of Human Hair Center, for treating the model as an object for promoting sales without considering her opinion on the product with which she was associated.
“That was utterly belittling her personality. She deserved respect,” said the Judge
Nyambura previously worked as a model for Nancy Mwai’s New Level Collection Limited.
She claims she signed a one-year contract with New Level Collection Limited to work as a clothing model.
However, in June 2022, she discovered that her photos had been used to promote Julie’s hair products on its Instagram page. This, she claimed, was done without her consent.
Her images were used to promote the popular “Nyambura wig unit 18 inches”, “Naomi unit”, and ‘mini bob 10 inches’.
According to court records, Nyambura received 38 likes, Naomi 31 likes, and Mini Bob 31 likes on Human Hair Centres’ Instagram feed.
She told the court that she protested to her former employer Nancy about the unauthorised use of her images, and Julie later removed the photographs.
“Because of the images, people assumed that I was the company’s Brand ambassador. That was never the case,” she said during the pendency of the case
However, her service contract was then terminated.
Nancy Mwai, who filed an affidavit in the case, stated that she appointed Julie as a consultant marketer for New Level Collection Limited to promote clothing sales through her digital platform page, Human Hair Centre.
She also hired Makena as a consultant for modelling services.
She claimed that under their agreement, Makena granted her company the right to use her images, videos, and reels as it saw fit for the duration of the contract, even if either party terminated it.
Makena denied the allegations, claiming that the images were only for use on the shop’s new level. She would pay a monthly fee of Sh30,000.
The judge who decided the case stated that Julie did not object to the use of Makena’s image to promote the product as alleged.
She did, however, take issue with Makena’s claims that the images were used without her permission.
The judge stated that Julie’s company name was not mentioned anywhere in the contract Makena signed with her former employer, New Level.
“It is clear therefore the attempt to sneak a third party info benefitting from the images given by Makena without seeking her consent or approval was economically exploitative and taking advantage of her,” he said.
“The contractual relationship between Makena and Shop new-level collections did not give the other party the freedom to bring a third party on board,“ he added.
Mugambi stated that Makena deserved dignity and respect, but this was denied when Julie used her images to advertise human hair products without her consent.
“My considered opinion is that an award of sh 240,000 should adequately compensate her for the violation of her right to privacy and dignity arising from the unauthorized use of her image for promotional purposes,” he said.
The judge later stayed the execution of his decision for 30 days pending an appeal.
Kenyan Super Model Paid Ksh240k After Company Used Her Pictures Without Permission
