Graduates Photos: Image Rights

Ong’anya Ombo Advocates LLP in offering its representation services on a litigation and dispute resolution matter at the High Court of Kenya at the Machakos’ Constitution and Human Rights Division persuaded the Court that the use of graduates’ photos by an academic institution to market its academic or related activities was in contravention of the Constitutional Rights of the Petitioner.

In reaching its finding in Catherine Njeri Wanjiru v Machakos University High Court Pet. No. E021 2021, the Court pronounced itself as follows:

1. A declaration that Machakos University violated Article 28 of the Constitution.
2. A declaration that Machakos University violated Article 31 of the Constitution.
3. A declaration that Machakos University infringed the Petitioner’s IP rights, image rights and personality rights.
4. A permanent injunction was issued to protect the Petitioner’s rights.
5. Nominal damages issued in favour of the Petitioner.
6. Costs of the Petition are awarded to the Petitioner.