Jessicar Clarise Wanjiru v Davinci Aesthetics & Reconstruction Centre & 2 others [2017] eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION CONSTITUTIONAL PETITION NO 410 OF 2016 In the matter of contravention of Articles 19, 25, 28, 31 and 40 of the Constitution of Kenya 2010 and In the matter of Constitution of Kenya Rights enshrined in chapter four thereof in so far as the Petitioner's Constitutional Rights were infringed and In the matter of Nairobi City County Finance Act and In the matter of constitutional petition by:JESSICAR CLARISE WANJIRU.........................................................................................PETITIONER VERSUS DAVINCI AESTHETICS & RECONSTRUCTION CENTRE.......................................1STRESPONDENT DR. NANG'OLE WANJALA.......................................................................................2NDRESPONDENT NAIROBI CITY COUNTY GOVERNMENT................................................................3RDRESPONDENT JUDGEMENT 1. It is axiomatic that the right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. It is generally considered a property right as opposed to a personal right. 2. Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left http://www.kenyalaw.org - Page 1/9