BY SAM ALFAN.
A man has sued Co-operative Bank of Kenya for using his photo to advertise its services without his consent.
Carret Peter Mayora says in the petition that the lender violated his rights by using his photo in the banking halls.
He wants the High Court to declare that his fundamental rights were violated as the lender used his photograph to market its banking and financial products without his consent.
Mayora is further seeks a permanent injunction restraining the Bank and its agents from using his image and likeness to market its banking products and services in any of its offices, banking halls or place of business in Kenya and beyond.
He is also wants court to compel Co-op Bank to remove his image and likeness in all its offices, banking halls or place of business in Kenya and beyond.
But in what could be seen as an attempt to shift the blame to an advertising agency, Co-operative Bank has filed an application seeking to enjoin Shekele Communication ltd claiming that the agency had an agreement with the Bank dated 1st day of March 2015 which the advertising agency was to be the advertising agent.
The Bank claim that as per communications agency agreement, Shekele Communication ltd was to indemnify the bank against any claims brought against it with regards to advertising.
“It is our attention that the liability for breach , if any , lies with intended 2nd respondent(Shekele Communication ltd) as respondent (Co-operative Bank) has never been privy to the contractual agreement entered into by Shekele Communication ltd and the casting agency,” claim the bank.
But Mayora has opposed the bank application saying the application is frivolous, vexatious, scandalous and a wanton abuse of court process merely intended to delay the determination of his case against the bank.
He also states that he is not privy to the said contract and therefore can either speak to its variety nor be bound by its terms.
Mayora adds that it’s not disputed that the Bank used his image in its Banking Halls and other advertising media to market its banking and financial products and the bank sought and achieved commercial gain through the use of his portrait in its banking halls and other advertising.
He adds that the claim by the bank that it entered into a contractual agreement with Shekele Communication ltd on the basis of which it argued that the advertising agency should be made a party to the proceedings is unfair and mischievous attempt to weave a contractual matter between itself and Shekele Communication ltd.
He told the court that his cause of actions lies squarely against Co-operative Bank and he has no claim against the advertising agency.
He said the bank can sue the agency for any alleged breach of contract.
