publicity is the exclusive right of an individual to market his or her image, likeness or persona for nancial gain. 34. On the issue as to whether the Petitioner is entitled to injunctive Orders, I nd that the answer is in the armative. 35. I accordingly nd that the petitioner has established the conditions for grant of an injunctive order. The principles governing the grant of injunctive orders were laid down in the case of Giella vs Casman Brown (1973) E.A 358 as follows; (i) An Applicant has to establish that he has a prima facie case with probability of success. (ii) That he will suer irreparable loss if the injunction is not granted. (iii) That the balance of convenience tilts in his favour. 36. I direct that an Order of permanent injunction be and is hereby issued restraining the Respondent from publishing and/or using the Petitioner’s image or likeness in it advertisement without express consent from the Petitioner. 37. I also nd that the petitioner is entitled to damages and I award him General damages of Kshs .500,000/ =.. 38. The Respondent also to pay the costs of the Petition. 39. Judgment be and is hereby entered in favour of the petitioner against the Respondent in the sum of Kshs. 500,000 plus costs and interest at court rates from the date of this judgment until payment in full. DELIVERED, DATED AND SIGNED AT KERICHO THIS 10TH DAY OF FEBRUARY, 2023. A. N. ONGERI JUDGE kenyalaw.org/caselaw/cases/view/251166/ 5