The High Court in Kiambu has ordered supermarket chain Cleanshelf to pay a shopper Sh500,000 for violating her fundamental rights by publicly searching her on suspicion of shoplifting at one of its stores.
The petitioner, Evelyn Kagwiria Anampiu, sued the retailer in 2023, seeking Sh4 million in damages due to the public humiliation suffered at Cleanshelf in Ruaka, which, she claims, damaged her reputation in the community and traumatised her.
Court papers show that she was not found with any concealed items. The Kiambu High Court agreed with Ms Anampiu that the retailer violated her right to human dignity, privacy, and consumer protection as enshrined in the Constitution.
This sets a precedent for retailers in the country on how to legally deal with shoplifters or shoppers suspected of the same without violating their rights.
“After careful consideration of the facts and the evidence presented, this court has arrived at the finding that the petitioner’s rights under Articles 28 (human dignity), 31 (privacy) and 46 (consumer protection) of the Constitution were violated,” said the court in its judgment.
In its response to the petition, Cleanshelf claimed that the search was a routine practice on any shoppers suspected of shoplifting, and that it was the respondent who brought the public humiliation on herself by shouting and attracting attention.
But this claim only worked against them, confirming to the court not only that the petitioner was searched on shoplifting suspicion, but also that the search was done in a public place, contrary to the store’s policy and the requirements of the Constitution.
“The respondent bears the duty to protect its customers from humiliation and embarrassment, and it is clear that the petitioner was exposed to a search that was carried out in an improper manner, thereby infringing on her rights as enshrined in the Constitution,” ruled the court.
However, the court declined to grant the petitioner the requested Sh4 million compensation for damages, instead granting her Sh500,000 because she did not provide a witness to testify of the trauma and reputation damage she has undergone.
In addition to the compensation the retailer has been ordered to repay, it has been ordered to bear the costs of the petition.
This is not the first time Cleanshelf is finding itself on the wrong side of the law. In August, the retailer was faulted by the employment and labour relations court for firing a “weak” employee.
