The High Court has ordered Rafiki Microfinance Bank to pay boda boda rider Mutuku Ndambuki Matingi Ksh2 million after using his image in an advertisement without his consent.
The lender used a photo of Matingi to advertise loans for motor bike acquisition. The rider told the court how he had borrowed and repaid a loan from Rafiki, stating that on one trip to the bank he agreed to have his photo taken upon request by one of the representatives.
He asserted, however, that he did not consent or sign for the image to be used in advertising or for commercial purposes of any kind – noting it violated his fundamental rights to privacy and human dignity.
“The Petitioner (Mr Matingi) was therefore surprised when he started seeing pamphlets published by the respondent (Rafiki) prominently showing his image and likeness and in particular the said promotion,” court documents read in part.
Rafiki claimed that it signed an agreement with Matingi, but failed to provide any evidence supporting their assertions.
The rider noted that the use of his image in advertising had affected his everyday life – alleging he had become a laughing stock among colleagues who had labelled him a ‘model’ and ‘a man of debts’.
He argued that Rafiki’s action dented his bid to run for a leadership role in Machakos Riders Youth Self Help Group elections.
Matingi further claimed that the advertisements cost him loyal customers.
His image was taken in 2015 by the bank. Since seeing it in advertising materials, Matingi has been on a mission to get the lender punished.
The High Court directed the bank to compensate Matingi to the tune of Ksh2 million, agreeing that his rights had been violated.