Safaricom Kenya limited house in Nairobi.
BY SAM ALFAN.
Countries leading mobile service provider Safaricom Kenya limited has suffered a blow after the high court compelled it from using or selling its GSM SIM Cards with a photograph of Maasai Moran.
Justice David Onyancha issued the orders after he was informed by the claimant lawyer Mayiani Sankale, that the mobile communication service provider didn’t seek permission before using his photograph in GSM SIM Cards currently being sold countrywide by safaricom.
Orders were issued upon a claimant by the name Kitosiosio Ole Kutuk without his prior permission or signed contract.
Lawyer Sankale told Justice Onyancha that Ole Kutuk brother John Ole Muli discovered his brother photo in Loitokitok town where the SIM cards were being sold; saying that no contractual agreement was entered between him and the telecommunication mobile company or any compensation has been entered between the two parties.
” Safaricon has continued to print the said SIM cards with the applicant’s photograph which it has used to increase its sales of the GSM SIM Cards without consent “Lawyer Sankale told the court.
Mr Sankale said that despite demands to Safaricom to desist from using the picture has not be obeyed or the photo removed from the SIM Card.
The lawyer further submitted that the Kitosiosio Ole Kutuk has been exposed his privacy as result of the use of the photo on the card which is wide sold.
However Safaricom in their response said that, its photographer and the Kitosiosio Ole Kutuk, had entered into agreement when the photo was taken.
It alleges that the Kitosiosio Ole Kutuk had signed Model Release Form which allowed the use of the photo for marketing save for pornographic purposes.
Justice Onyancha extended the orders pending inter parties hearing on 24 November.