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TUM sued for using Moi University students’ photos in graduation booklet

The Technical University of Mombasa (TUM) has been sued for publishing photos of three graduates of Moi University in its graduation booklet without their consent.

Ms Nawal Ali, Mr Abad Elkindiy, and Ms Fatima Athman have accused TUM of publishing their photos on or about July 14, 2022 and distributing the graduation booklet with the caption “congratulations class of 2021” within Mombasa County to advertise its graduation.

In their petition in the High Court in Mombasa, the three say they are graduates of Moi University and were awarded their degrees in 2019.

The petitioners are seeking a declaration that TUM violated their fundamental right to privacy and human dignity by publishing their images for commercial purposes without their consent.

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They also seek an order requiring the university to compensate them for any damages or losses caused by the publication of their images without their express consent and its exploitation by TUM for financial gain.

“The petitioners further averred that in the said reckless and malicious publication, the respondent portrayed the petitioners as having attended its institution, a fact it knew to be false,” the petition states.

They argue that the caption in the publication constitutes a gross misstatement of facts because they have never been students at TUM.

The petitioners claim that TUM did not compensate them for using their images and that the publication was “calculated to injure, disparage and lower the esteem with which the right thinking members of the society regard and hold of them”.

Ms Ali, Mr Elkindiy and Ms Athman say the respondent violated their privacy rights. “The petitioner’s rights have already been trampled on by the respondent’s degrading act of publishing their graduation photo or image without their knowledge or consent,” the further states.

They also argue that TUM’s action constitutes an intrusion into their individualism and infringes on their right to human dignity, right of publicity, and personality rights were infringed.

They also want a permanent injunction to restrain the respondent from publishing or using their image and likeness in its advertisement or promotion without their consent.

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