Two companies owned by the Kenyatta family have appealed against a court decision awarding Sh1.6 million in compensation to a plumber for unlawful dismissal and using his photo without consent.
In documents filed at the Appeals Court, Brookside Dairy and Gicheha Farms termed the ruling as unfair, arguing that they were condemned unheard.
In January 2020, the High Court directed Brookside to pay David Gicheru, 80, Sh1.5 million for using his picture without consent and a further Sh139,200 for unfair dismissal by Gicheha in 2018.
Gicheru, who was earning Sh11,600 monthly, was shown the door after complaining when Brookside used his photograph in its calendars.
The company cited a breakdown of communication, erosion of confidence, and failure to exhaust all internal dispute resolution mechanisms as the grounds for termination of the elderly plumber’s employment. He was paid his dues of Sh151,149.
Through lawyer Donald Kipkorir, Gicheru accused Brookside of photographing him without his consent and publishing his image on various marketing media including calendars used in Kenya, Uganda, and Tanzania.
But Grace Manugu, the Human Resource Manager for Gicheha and Brookside insists the plumber agreed to be photographed for purposes of producing the calendars.
She added that the publication of Gicheru’s image was done in good faith and was not motivated by greed or profiteering, adding that Brookside did not make any sale of the said calendars.
Brookside and Gicheha told Justices Martha Koome, Daniel Musinga, and Gatembu M’Inoti that they fear Gicheru will not be able to repay the amount awarded by the high court if their appeal succeeds. They argued that he failed to demonstrate his ability to repay the compensation should the appeal succeed.
Something is fishy .Even if…
Something is fishy .Even if they appeal it does not mean they will win and the poor old plumber has to repay 1.5 million.They have not even paid him the money and their basis for appeal is flimsy.They used his image to market their calendars he generated for them more than that in free advertising,To add insult to injury that is peanuts for a company that enjoys a monopoly in milk production by crushing any competitors who dare compete with the president’s family.Pay up and shut up one of your owners so called commander in chief admitted losing 2 billion to corruption.What is 1.5 is that not his monthly salary alone not including other questionable allowances.
kabisa, they need to leave…
kabisa, they need to leave the old man alone. The family has tones of money!
That article said an 80 year…
That article said an 80 year old plumber????
I’d heard stories but didnt think greed of this kind existed in the Muigai family. Its bad enough his cartel forced SACCOS to patronize his Brookside milk and give them business, but now he cant even pay that mzee hata to fix the tap. When an 80yr old wakes up every morning to work for you, I dont think its the money at that point. They should pay up.
Personally I dont buy Brookside Milk or any of its products. I boycotted it always picking another brand and never looked back. Its my way of saying F U to them and I suggest others vote with their wallets.
I feel for this guy and will personally followup this story. Mukiona site exposing brookbond milk and its affairs, jua ni mimi.