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A Kisumu photo journalist has sued Silverstone Airline for unlawfully using his photography content without his consent or a compensation procedure.

Tonny Hillary, a photo journalist based at the Nation Media in Kisumu has faulted the airline for picking his work from his pages and using them commercially without his knowledge.

In posters seen by KISUMUINSYDER.CO.KE, Silverstone has been marketing its Kisumu trips using a photo of Kisumu’s Kondele flyover taken by the complainant.

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In the Kenyan constitution, the commercial exploitation of one’s image without permission or contractual compensation is a contravention of the right to property and the right to privacy.

Well, according to Tonny, in an affidavit seen by us, the airline didn’t inform him of any plans to use any of his works, only to be informed by one of his associates of a Silverstone Air poster posted on their social media accounts designed using his shot.

“On the 13th day of June, I was informed by one of my friends by the name Joyvender Osako who told me that one of my photographs was being used by Silverstone Air on their social media platforms that is Twitter, Facebook and Instagram to market their airline flights to Kisumu City” read part of the affidavit

Tonny Hillary's photo unlawfully used by Silverstone Air
Tonny Hillary’s photo unlawfully used by Silverstone Air

Through the help of a renowned advocate, Tonny is seeking an unconditional admission of liability in writing from the airline, withdrawal of the marketing material that has no photo credits directly given to him and a further compensation which could total up-to millions of shillings according to the affidavit.

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