A court battle is looming between a Kenyan model and a prestigious hair products company after a fallout on their contractual agreement. The petition, filed by Makena Nyambura in Milimani Law Courts, claims that Human Hair Center used her images on its Instagram page to promote its products including adverts bearing her images without her permission.
Makena Nyambura, a Kenyan model, has filed a petition in the Milimani Law Courts to protest against Human Hair Center’s use of her images on its Instagram page without her permission. The petition claims that the company used her images to promote its hair products and advertisements bearing her images.
According to Nyambura’s petition, which reads, “Some times in June, 2022, I was perplexed to find my images splashed on the respondent’s Instagram page (Human Hair Center) without my consent and the same was used to advertise some hair products Human Hair Center sells.”
Nyambura argued in her petition that the only motive of Human Hair Center was to use her images to market their hair products and attract more customers, thereby increasing their profits.
Nyambura further argued that she was deeply angered and embarrassed by the unauthorized publication of her images, and felt that her privacy had been violated without her consent.
“The Respondent’s use of my image has resulted in people assuming that I was working in partnership with the respondent as Brand Ambassador which was not the case. My anger stemmed from the fact that the respondent had sought to exploit my image for commercial purposes without my knowledge.” A section of the petition read.
According to the article, when Makena Nyambura reported the issue to her then-employer New Level Collection Limited, they gave her the green light to follow up on the matter and find a solution.
“I also encouraged my employer to ask the respondent to pay me for use of my image which is usually my source of income. Immediately the Respondent received the complaint it pulled down the said images.” Nyambura said in the petition.
According to Nyambura’s contract with New Level Collection Limited, her job was to attend photo shoots and video recordings which would be used to market the company’s products. The contract also stated that during the contract of her service with the organization, she was expected to observe all the company’s policies and regulations for consultants, perform her duties diligently and faithfully, and employ her required time, attention, and abilities to the service of the company.
“During the contract of your service with the organization you will observe all the company’s policies and regulations for consultants, perform your duties diligently and faithfully, employ your required time, attention and abilities to the service of the company.” A section of the contract read.
Mention of the case was set for March 29, 2023.