All Episodes

May 2, 2024 11 mins

In this episode of "The Friendly Troll," host Calvin Mulindwa delves into the intricacies of image rights in Kenya, focusing on their legal basis and real-world implications. The episode explores what image rights entail, including the right to control the use of one's likeness in public and commercial domains. Calvin discusses key legislation such as the Kenyan Data Protection Act of 2019 and Article 31 of the Constitution, highlighting their role in protecting personal privacy. 
Through landmark cases like Wangechi Waweru Mwende v Tecno Mobile Limited and Jessica Clarise Wanjiru v Davinci Aesthetics, the episode illustrates how the courts have addressed violations of these rights, emphasizing the importance of explicit consent and the lawful use of personal images. The discussion also provides practical advice for individuals and data controllers and processors on respecting and securing image rights in digital and commercial settings.

Complaints Listed:

  1. Phyllis Nyaboke v Grola Tech Limited T/A Lion Cash - Violation for not obtaining direct consent.
  2. Brian Wainaina and Gathoni Mattai v Deltech Capital Kenya Limited T/A Mykes - Failure to properly inform about data use, leading to privacy infringement.
  3. Edith Andeso v Olerai Schools Limited - Issues regarding ongoing consent management for marketing purposes.
  4. Christine Wairimu Muturi v Roma School Uthiru - Requirement for explicit parental consent for processing minors' data.

Laws Quoted:

  • Article 31. Constitution of Kenya
  • Data Protection Act of 2019.
  • Kenyan Court Decision: Wangechi Waweru Mwende v Tecno Mobile Limited [2020]


Image Rights - Release Form Information Pack 


Music:
Intro/Outro  – https://pixabay.com/music/id-102694/

Mark as Played

Advertise With Us

Popular Podcasts

Stuff You Should Know
24/7 News: The Latest

24/7 News: The Latest

The latest news in 4 minutes updated every hour, every day.

Crime Junkie

Crime Junkie

Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.

Music, radio and podcasts, all free. Listen online or download the iHeart App.

Connect

© 2025 iHeartMedia, Inc.