The Kenya Tea Development Agency (KTDA) is set to pay a tea farmer a whooping Ksh 1.5 million compesation for using her image without her consent.
According to High court Justice Lucy Gitari ruled that KTDA used Ann Njoki Kumena’s image on their marketing brochures without her consent, thus infringing on her rights.
In her ruling Justice Gitari said, “Having considered the purpose for which the photograph was used which was for commercial purposes, a reasonable award ought to be given to the plaintiff. I find that an award of Sh1,500,000 is reasonable in the circumstances.”
Ms Kumena claimed that KTDA unlawfully photographed and used her image, saying the action amounts to unlawful conduct and constitutes unjust enrichment of itself and unlawful interference with economic interest.
However the tea agency claims that she is entitled to any royalties in a photo she does not have copyright to.
The firm noted that even if she is subject in the photo, which it denied she was, KTDA noted that she accepted to be photographed and voluntarily posed for the same and has not suffered any loss/damage nor had her fundamental rights been infringed upon as alleged.
However, the judge said Ms Kumena proved that KTDA took the photo without her consent and used her photographs for commercial purposes, that is, advertisement of its products without paying any compensation, the judge observed.