Mwangi & another v Naivasha County Hotel t/a Sawela Lodges (Petition
E003 of 2021) [2022] KEHC 10975 (KLR) (19 July 2022) (Ruling)
Neutral citation: [2022] KEHC 10975 (KLR)
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIVASHA
PETITION E003 OF 2021
GWN MACHARIA, J
JULY 19, 2022
IN THE MATTER OF ARTICLES 2(1) & (2), 10(2) (B), 19, 20, 22, 23(3),
28, 29, 31,165, 258 & 259 (1) OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS
AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013
AND
IN THE MATTER OF SECTION 25, 26, 32 & 37 OF
THE DATA PROTECTION ACT NO.24 OF 2019
BETWEEN
JOHN MWANGI ............................................................................... 1ST PETITIONER
VINCENT GITHANGA .................................................................. 2ND PETITIONER
AND
NAIVASHA COUNTY HOTEL T/A SAWELA LODGES ................ RESPONDENT
RULING
The Petition
1.
The Petitioners through a Petition and Supporting Adavit dated the 5th day of July, 2021 raise
allegations of infringement of their privacy rights as provided under article 31 of the Constitution.
2.
Furthermore, the petitioners allege that the respondent took photographs of them during a team
building activity at the respondent’s premises and proceeded to make posts on various social media
platforms using the said pictures with the intention of marketing the Respondent’s products. The
Petitioners aver that the foregoing actions of the Respondent violated their right to privacy as they did
not consent to having their photos taken and the use of the same. The Petitioners additionally claim
that their rights under article 2(1) & (2), 10(2) (b), 19, 20, 22, 23(3), 28, 29, 31,165, 258 & 259 (1) of
the Constitution were violated by the Respondent.
kenyalaw.org/caselaw/cases/view/237212/
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