Kuria v University of Kabianga (Petition E002 of 2022) [2023] KEHC 809 (KLR) (10 February 2023) (Judgment) Neutral citation: [2023] KEHC 809 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO PETITION E002 OF 2022 AN ONGERI, J FEBRUARY 10, 2023 BETWEEN SHIMLON MWANGI KURIA .............................................................. PETITIONER AND UNIVERSITY OF KABIANGA .......................................................... RESPONDENT JUDGMENT 1. The Petitioner herein Shimlon Mwangi Kuria led this Petition dated 18/7/2022 against University of Kabianga the Respondent herein seeking the following Prayers:i. That a declaration that the Respondent violated the Petitioner’s fundamental rights to privacy and human dignity under Article 28 and 31 of the constitution by publishing his image for purposes of commercial advertisement without the Petitioner’s Express Consent. ii. That a declaration that the Petitioner’s intellectual property rights, rights of publicity and personality rights was infringed when the Petitioner’s image in advertising and marketing to solicit funds from the African Development Bank without seeking authority from the Petitioner. iii. That an Order of permanent injunction be issued restraining the respondent from publishing and/or using the Petitioner’s image or likeness in it advertisement without express consent from the Petitioner. iv. That an Order awarding the Petitioner general damages. v. That costs of this Petition, and vi. Any other or further relief as this Honourable Court may deem t to grant. 2. The Petition is supported by the Adavit of the applicant sworn on 18/7/2022 in which he deposed as follows:- 3. The Petitioner avers that he was pictured in a graduation ceremony of the University of Nairobi on 20th December, 2019. kenyalaw.org/caselaw/cases/view/251166/ 1