By Sam Alfan.

Cleanshelf Supermarket limited has been ordered to pay customer Sh500,000 for subjecting her to a physical search in full view of other shoppers.

The High Court said the search on Everlyn Kagwiria was contrary to Cleanshelf’s own Loss Control Policy, which requires private searches.

Justice Abigail Mshila declared that the retail supermarket violated Kagwiria’s fundamental rights and freedoms as enshrined by the constitution.

“A declaration be and is hereby issued that Kagwiria’s rights as enshrined in the Constitution with respect to dignity, freedom and security of her person and privacy were infringed by the acts or omissions of the Cleanshelf Supermarket,” declared the judge.

Kagwiria sued the retail supermarket seeking to be paid damages amounting to Sh4 million after being subjected to a public search. She said she suffered trauma, humiliation and embarrassment.

The court, however, declined the prayer for damages on account of humiliation noting that Kagwiria did not present a witness to support her claims that she suffered humiliation as the search was being conducted.

“Nevertheless, the court having already found that her right under Articles 28 ((human dignity), 31 (privacy) and 46 (consumer protection) of the Constitution were violated, it finds that the petitioner is entitled to nominal damages,” said the judge.

She told the court that she visited Cleanshelf Supermarket located in Ruaka on or about the June 3, 2023. She was allegedly accused of shoplifting.

She denied the allegations but she was subjected to a public physical search on her body and belongings which she said were horrendous and humiliating.

She said no items were recovered from her to warrant that kind of treatment.

Kagwiria contended that the commotion drew a crowd as such she was subjected to public humiliation.Her report to the management was only met with an apology from the concerned member and her demand letter was ignored, she said.

The woman said she now lives with the stigma of being labelled as a shoplifter and remains traumatized by the ordeal.

Cleanshelf Supermarket was accused of trampling on her rights as such the court is urged to order the supermarket to compensate her for its wayward actions.

The retailer responded through Olive Wanjiku an Assistant Manager who stated that Kagwiria was subjected to a routine search process before entering the supermarket.

The manager said that she was taken through the same search procedure after the attendant was alerted by the premise managers.

She stated that Kagwiria was seen holding a bottle of shampoo for quite some time but upon heading to the counter, the same could not be seen.

This prompted a search from a due diligence front as she was approached by a shop attendant and was questioned in a reasonable manner as to whether she had items that she had not paid for.

The manager denied the claims that Kagwiria was subjected to a horrendous or public humiliation but maintained that she was subjected to routine procedure in alignment with the Sub Contracting Company Loss Control Procedures.

The supermarket claimed she became aggressive, hostile and loud in her tone as she denied having any items and in the process, attracted attention of other customers and bystanders.

The supermarket alleged that efforts to calm her down remained futile as she did not lower her voice and she became even more aggressive.

Cleanshelf to pay shopper for humiliating public search