BY SAM ALFAN.
Aron Asiba Matendechere who shot into fame for his “Ntakufinya” phrase has sued three corporates for using his image and buzzword without his consent.
Asiba further wants the court to stop Co-operative bank from using his identity, image, likeness and persona in their commercials with immediate effect.
“A conservatory order do issue to stop the respondent either by themselves, assigns, agents, representatives from using petitioner’s identity, image/likeness and persona in their commercials with immediate effect pending the hearing and determination of this petition”, he urges.
In the petition, Asiba wants the court to also order the bank to pull down various commercials posted in various social spaces with immediate effect.
He says in the petition that on July 5 and July 22 this year 2021 the bank posted on Facebook and Instagram respectively, a recreated image of his, both bearing username – Co-op Bank Kenya.
Asiba says the post was published with the intention to attract wide readership and boost its sales.
The post was titled “banker akiona loan defaulter akikula kuku tao” under the hashtag #weareyou and bore his recreated image, likeness and persona.
“On a reasonable man’s view, it is clear that the actions of the respondent as highlighted above are an utter infringement on the fundamental freedoms and rights of the Applicant. It is settled that for one’s image, likeness or persona to appear on such advertisement the Applicant should have consented”, he adds.
He argues that the bank should have sought his consent before using his image to advertise their products and boost sales.
He further says he should have been sufficiently paid by bank to enable him waive his privacy and dignity at the expense of the lender’s commercial gain and it is his position before the eyes of the society and that he has been contracted or on salary to offer modelling services.
