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The use of a photo showing a man serving at a buffet for social media banter could be a thing of the past after the owner has petitioned two media firms using it to pull it down from their websites.
Through his lawyer Peter Samba, Nixon Kukut has written to the Nation Media Group and Pulse Online demanding they pull down the photo which has gained currency with online banters three years after it landed online.
Kukut, a manager at a solar firm in Kakamega Town, claims in his demand letters to the media firms that they leveraged on his photo, where he is seen firmly addressing the person serving the buffet, to earn followers.
“This malicious breach of our client’s privacy by posting his picture was purposely intended to cause and drive traffic to your website ostensibly by ridiculing him using the three-year old photo taken during a team building event in Eldoret. This has unfortunately exposed our client to much agony, embarrassment and ridicule both at work and in public,” says Kukut through his lawyer Peter Samba.
Samba says Nation used the photo on its Facebook page on March 21, 2024 to make their showbiz show “The Trend” to get more traffic without Kukut’s consent.
He says that the act violated thus violating his right to privacy as enshrined under Article 31 of the Constitution of Kenya.
Samba says Pulse on the other hand used the photo on March 22, 2024.
“You (Pulse) did attach our client’s picture on your official Facebook page under Pulse Kenya News channel portal without his consent and knowledge thus violating his right to privacy as enshrined under Article 31 of the Constitution of Kenya,” he said.
Samba has asked the two media firms to “immediately take down the offending pictures of our client from all your official company websites and further cease, desist and refrain from any and all further use to drive traffic on your website.”
The duo have seven days starting Monday this week to comply.
