Court rules two minors be awarded Sh750,000 each by betting companies for using their pictures without their consent. [Photo/Courtesy]
A high court on Friday ordered two betting companies to compensate two children a sum of Sh1.5 million.
This is after the court found the companies, Greens Sports Africa Limited and M-Cheza Limited, guilty of using pictures of the two minors on the billboards without their consent.
Justice John Mativo of the Milimani law courts heard that the fundamental rights and freedom of the two were dishounored when their photos were used in an advertisement.
The judge ruled that each of the children be paid Sh750,000 as damages.
“An award of compensation will go some distance towards vindicating the infringement constitutional right,” said judge Mativo.
“Considering the legal principles and bearing in mind the fact that it may not be easy to quantify infringement, I find an award of Sh750,000 to each of the minors would be reasonable in the circumstances,” he ruled.
The billboards were erected next to Unga House in Westlands, Nairobi.
Parents of the two minors had sued the two betting companies on behalf of their children and accused the firms of failing to seek permission or even pay for the ads.
On the other hand, the two firms defended their act arguing that the parents failed to prove how the rights of their children were violated.
They asked the court to reject the minor’s plea but the magistrate ruled there was violation of the children’s constitutional rights.