Knowing your rights is a very important thing and it is reassuring to know that the law can be in your favour. A bodaboda rider was compensated by Rafiki microfinance bank for using his image in an advert without consent. The bodaboda rider was their client and had apparently borrowed and repaid a loan to acquire a motorbike. However, the company decided to use Mr Matingi’s photo as their image for advertising motorcycle loans since he was a loyal customer, however since they didn’t sign a contract with him he argued that his rights to privacy and human dignity had been violated. The issue of consent. Mr Matingi has agreed to have his photo taken but since they didn’t get into a legally binding agreement the bank had no right to use his image for advertisements. “The Petitioner (Mr Matingi) was therefore surprised when he started seeing pamphlets published by the respondent (Rafiki) prominently showing his image and likeness and in particular the said promotion,” reads the court papers. His business suffered. Mr Matingi said that because of the advert he has suffered humiliation from a number of people who now saw him as a broke man and even affected his business. Matingi was also meant to stand for elections in Machakos Riders Youth Self Help Group but was rejected by members who stated that they could not select a model and a man of debts as their representative. Though Rafiki Microfinance claimed that they had signed an agreement the company failed to provide any evidence.
