The Kericho High Court has ordered the University of Kabianga to pay a former student at the University of Nairobi Sh500,000 for using his photo to market their institution and solicit financial resources from a bank without his express consent.

The publication of the image, according to Justice Asenath Ongeri, violated the student, Shimlon Mwangi Kuria's, fundamental rights to privacy and human dignity.

Ongeri also issued a permanent injunction prohibiting the institution from using or publishing Kuria's image in future advertisements without his express consent.

Kuria petitioned the University of Kabianga for using his image and persona back in 2021 for marketing reasons and to solicit funds from the African Development Bank without his direct consent.

The petitioner argued the institution’s actions caused him psychological torture since they painted a picture that he graduated from the university, poking holes into his University of Nairobi graduation narrative.

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According to Kuria, his family, peers, business partners and affiliates were brought to doubt his academic credentials and question his honesty after an image of him surfaced on the University of Kabianga’s website in an advertisement inviting stakeholders to a webinar.

Kuria said the university violated Article 31 of the Constitution when it exploited his identity for commercial gain by invading his privacy.

However, the University of Kabianga denied ever infringing on Kuria’s rights, as it was not a profit-making institution.

Instead, the university claimed Kuria lacked property rights over the picture since it was taken during a public ceremony.

Furthermore, the institution said the picture portrayed Kuria in a positive light as a graduate.