Woman sues German Embassy over photo in tourism promotion

A Samburu woman is demanding compensation from the German Embassy over a photograph that was used to advertise Lake Turkana Festival.

The 32-year-old woman, who filed a case in the High Court through her lawyer Ham Lagat, claims the picture was used without her consent. Worse still, she said her husband kicked her out of her home upon learning of the advertisement.

Telaso Lepalat told the court the use of her photograph to advertise the event infringed on her private life and the right to make a choice as to whether she wanted her photo in the advert.
“The petitioner is constrained to make this humble petition on the main reason that there were human rights violations that occurred to her during 2012 to-date, when the respondent unlawfully procured her photograph without her consent,” the petition read in part.

She said the event dubbed Lake Turkana Festival and held in Loiyangalani, Marsabit County, was commercial in nature.
The photograph is said to have been used in Habari Magazine, which is allegedly owned by the Embassy.

In the case where Attorney General Githu Muigai is an interested party, the court heard that the embassy pulled out the photo after the woman issued them with a demand letter on April 28 this year.

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The petition before Justice Mumbi Ngugi states that Talaso’s husband assaulted her for a month for disrespecting him due to her failure to consult him as the head of the family.

Lagat said Talaso’s husband eventually rejected her and the whole community shunned her. He said according to Samburu customs, taking photographs without consent from elders or the head of the family is taboo.

“Actions by the respondent were shameful and disrespectful to her culture and she has suffered humiliation, embarrassment, psychological and physical anguish,” the court heard.

According to court papers, Talaso was kicked out of her matrimonial home together with her three children and had to seek refuge in her mother’s home. The case will be mentioned before Justice Isaac Lenaola on October 28.