Mildred Mtwana from Kilifi County has taken legal action against Daystar University, alleging that they shared her photos without her consent. Her petition, filed in a Malindi court, states that Ms Mtwana is seeking compensation amounting to Sh. 3 million.
The plaintiff further seeks an injunction to prevent the private institution from using her image for their own commercial purposes. Her lawyer, Shukran Mwabonje, said that the institution had used her client’s photograph to advertise and promote its online study programs.
The picture, which was posted on Daystar University’s social media accounts on August 7th, 2020, and is still accessible online, was shared without Mildred’s consent.
This is despite the latter not being affiliated with the school as a student, staff member, employee or servant.
“The petitioner did not authorise, give permission or consent to the respondent to use her likeness, image or photograph in advertising/marketing the university for commercial gain,” the petition stated.
The petitioner has argued that Daystar University benefitted financially from the use of her image rights. Consequently, she is seeking monetary compensation from the institution for the alleged unauthorized use of her image.
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“The use of the image caused her online ridicule and embarrassment. There is no relationship — contractual, educational, legal or social — between the petitioner and the respondent.”
Mildred Mtwana has, on several occasions tried to reach Daystar University to have her photos removed. Efforts proved futile. She has now opted to go the legal way and get compensation.
