Kenyatta Family Companies Appeal Sh1.6 Million Award to Sacked Plumber

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.