Rafiki to pay bodaboda rider Sh2m for using his image without consent

Rafiki Microfinance bank has been ordered to pay a bodaboda rider Sh2 million as compensation for using his image in adverts without consent.

The High Court heard that Mutuku Ndambuki Matingi, a bodaboda rider was a customer of Rafiki Microfinance where he had borrowed and repaid a loan to acquire a motorcycle.

Mr Matingi told the court that the bank then approached him in 2015 and requested to take his photo on grounds that he was a loyal customer.

Rafiki microfinance then used the image in advertising motorcycle loans — an act Mr Matingi said violated his fundamental rights to privacy and human dignity.

The rider says that though he agreed to have his photograph taken, he did not consent or sign any document giving permission to the bank to use his image for advertisements.

“The Petitioner (Mr Matingi) was therefore surprised when he started seeing pamphlets published by the respondent (Rafiki) prominently showing his image and likeness and in particular the said promotion,” reads the court papers.

Mr Matingi says the adverts made him a source of laughter among his friends who saw him as a broke model and that he also lost some of his loyal customers.

He told the court that he was to stand for elections in Machakos Riders Youth Self Help Group but was rejected by members who stated that they could not select a model and a man of debts as their representative.

Rafiki microfinance told the court that it signed an agreement with Mr Matingi.

However, the microfinance failed to provide any evidence.