| Authority: | High Court of Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Article 53 of the Constitution of Kenya. |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 2016 |
| Decided: | 12 May 2017 |
| Published: | N/A |
| Fine: | N/A |
| Parties: | NWR & Another vs. Green Sports Africa Ltd |
| Case No.: | 343 of 2016 |
| Appeal: | N/A |
| Original Source: | High Court of Kenya |
| Original contributor: | MZIZI Africa |
The petitioner were accused of unlawfully and without the consent of the parents of the minors, N.T.A & T.O.O, allowing the images of the minors to be used in an advertisement promoting betting and gambling conducted by the second respondent.
N.W.R & another filed a petition against Green Sports Africa Ltd and others for unlawfully using images of minors for betting promotion without parental consent.
The Petitioners argued violation of constitutional rights, while the Respondents claimed lack of evidence of rights violation and no commercial gain.
It was averred that the High Court has jurisdiction to determine rights violations and interpret the Constitution.
Compensation sought for breach of minors' rights, with principles established for awarding damages in public law cases.
Violation of minors' rights was established and an award of compensation of Ksh. 750,000/= was granted to each of the minors, N.T.A and T.O.O, by way of general damages.
The full text of the ruling is available below.
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