Nairobi Man Demands Sh20 Million from EABL Over Unauthorized Use of His Image in Beer Ads

A Nairobi resident has sued East African Breweries ltd (EABL) demanding Sh.20 million compensation for using his image to promote its products.

Samuel Mburu Maina accuses the beer maker of infringing on his intellectual property rights, and personality rights, when they published his image to advertise and market alcoholic drinks without his authority on social media platforms- Facebook and X.

He further accuses EABL and KBL of exploitation and appropriation of his photographs which according to him resulted in them receiving commercial or monetary benefit, brand, and reputational growth in the public domain.

“This court to declare am entitled to the payment of damages and compensation quantified at Sh. 20,000,000 for the violations and contraventions of his fundamental rights and freedoms under the Constitutional provisions basically arising from the publication of my image and likeness without my consent by Kenya Breweries ltd and East African Breweries ltd for their commercial gain and defaming my reputation,” Mburu said.

In documents filed in court, Mburu wants the court to compel the beer maker to pull down his images from its social media platforms, promotional campaigns, and any platform within their control.

He further want High Court to issue permanent injunction restraining KBL and EABL from publishing or using his image or likeness in any advertisement or promotion without his consent and.

“This Court declare that the publication of his image in the aforementioned social media platforms (Facebook and X-twitter) was defamatory and injured my reputation,” pleads with the court.

Mburu stated that the publication has caused him mental anguish and anxiety, since the company continued to accrue benefits to his detriment.

He claimed that he has since lost his standing with their relatives, friends and business partners who have questioned his virtues.
He claimed that he was shown by friends and relatives a post on Facebook on or about 26th January 2023.

The post by an account operated as Rockshore TropicalKE, in which post the said brand identity was running a looping video set to a musical score of a photograph of him, in isolation, looking at a bottle affirmatively.

He said above the said photograph was a caption, “the beer that brings flava when hanging out with your squad #rockthatflava.”
He pointed out that the publication has since garnered 314,000 views, 8,900 likes, and the figures continue to rise.

On the same day, he wrote to Rockshore Tropical Beer through Facebook’s Messenger service, requesting that the publication of his photograph on their Facebook page be taken down within 24 hrs, as he had not consented to the use of his photograph for marketing purposes by the company.

Additionally, on 27th January 2023, the said video was similarly posted on X, by the Twitter handle @RockshoreKE.
Mburu said up to date, he is yet to receive a reply or acknowledgment of his complaint with regard to the advertising campaign and the publications are still openly viewable on the said social media platforms.

He argues that Rockshore Tropical Beer is a brand and product of Kenya Breweries Limited.

He consequently, wrote a demand letter dated 3rd February 2023 to the company notifying the company of the Constitutional violations caused on him by the post, and demanded it be taken down within seven days.
Mburu also sought an apology for using his photograph for commercial benefit without his consent.
In response, KBL stated that there were disclaimer notices displayed in the venue where his photo was taken and that his participation in the event amounted to consent.

Mburu, however, said he did not see the notices or unequivocally and freely consented to the implied waiver. Additionally, he contended that his message of disapproval to KBL on 26th January 2023 and the letter dated 3rd February 2023, was enough demonstration that any consent implied was withdrawn, which withdrawal is provided for under the Data Protection Act.