Moja Expressway Ordered to Pay Ksh500K for Using Former Employee’s Image Online

A former employee of Moja Expressway has won a legal battle after the High Court upheld a decision ordering the company to pay him KSh 500,000 for using his image in promotional content after he had already left the firm.

The case was filed by Cyrus Mwaniki, who accused the expressway operator of continuing to use a promotional video featuring him on its social media platforms without his consent long after his employment ended.

The video had been recorded during his time at the company, where he worked as part of the sales team, explaining how motorists could subscribe to the electronic toll collection system.

Also Read:O il Price Surges to $100 as G7 Ministers Rush to Respond

However, Mwaniki later discovered that the company was still using the footage online even though he had resigned months earlier.

Consent Ends With Employment

The dispute was first handled by the Office of the Data Protection Commissioner, which ruled in Mwaniki’s favour and ordered the company to compensate him for the continued use of his image.

The regulator found that while Mwaniki may have allowed the company to use the footage during his employment, the consent did not automatically extend beyond the end of that working relationship.

Moja Expressway challenged the ruling in court, arguing that the employee had given consent during his time at the company and had never formally withdrawn it.

But the High Court dismissed the appeal, agreeing with the Data Protection Commissioner that companies must obtain fresh consent before continuing to use a former employee’s personal data or image for commercial purposes.

Also Read:  China Draws Red Line: No Foreign Strikes on Iran’s New Supreme Leader

A Reminder on Data Privacy

In its ruling, the court noted that while Mwaniki’s participation in the promotional material may have been part of his job, the situation changed once he left the company.

The judge further ruled that the KSh 500,000 compensation was fair, noting that the company continued benefiting from the promotional material even though Mwaniki was no longer working for them or receiving any form of remuneration.

The decision is being seen as a strong reminder to employers and businesses that personal data, including images, cannot be used indefinitely without proper consent under Kenya’s data protection laws.

Follow our WhatsApp channel for instant news updates

A former employee of Moja Expressway has won a legal battle after the High Court upheld a decision ordering the company to pay him KSh 500,000 for using his image in promotional content after he had already left the firm.