Businesses across the globe have embraced the use of images in advertising. The proverbial "picture worth a thousand words" is now the basis for communicating thought and emotion while capturing a narrative in a way which words only cannot.

Recently, the High Court in Machakos issued a landmark decision in Catherine Njeri Wanjiru Vs Machakos University H.C. Pet No. E021/2021. In this case, Catherine Njeri sued Machakos University for using her photograph in advertising and marketing of the computer packages courses offered by the University.

The photograph was taken without Catherine's knowledge. The university admitted to the use of the photograph, since the practice of the university was to publish pictures of its graduands on its website and other channels used by the university. In her Petition to the High Court, Catherine sought that the court declares that the University violated her fundamental right to privacy and human dignity by publishing her image for commercial advertisement without her consent.