Court bars Safaricom from selling SIM cards bearing man's photo

Kenya: Mobile communication service provider Safaricom Limited has been temporarily restrained from using or selling its GSM Sim Cards bearing a Maasai moran photograph.

High Court judge David Onyancha issued the orders yesterday after the man who was allegedly photographed field a suit protesting that his image was used by the telecom company without his consent.

The court heard that Kitosiosio Ole Kutuk's photograph had been used on the cards despite the two parties having no contractual agreement.

According to Kutuk's lawyer Mayiani Sankale, the mobile communication service provider did not seek permission before the photograph was used in GSM Sim Cards currently being sold countrywide.

However, the claim by Kutuk was opposed by Safaricom who told the court that its photographer had entered an agreement with the moran when his image was captured.

Safaricom in its response said that the man had signed model release form which allowed the use of the photo for marketing save for pornographic purposes.

In the same case, Sankale told the court that the plaintiff's brother John Ole Muli discovered his photo in Loitokitok town where the Sim cards were being sold. He said that that Safaricom has never offered him compensation despite using the photograph.

"Safaricom has continued to print the said Sim card with the applicant's photograph which it has used to increase its sales of the GSM Sim Cards without consent" he lawyer 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 submitted that the applicant has been exposed his privacy as result of the use of the photo on the card which is wide sold.

The restraining orders were extended yesterday until 24 November when the court will hear from both parties.