A High Court has determined that a former Miss World Kenya 2016 queen will receive money for damages after her Nood photos were leaked online. A Kenyan High Court has ordered that a former Miss World Kenya 2016 Roshanara Ebrahim will receive KSh1 million in damages from her ex-lover namely Frank Zahiten, who leaked her n*de photos to Ashelys Kenya CEO Terry Mungai, resulting in Roshanara being decrowned, the High Court has ruled.
According to information reported, the High Court heard that Mr Zahiten, the third respondent in the case petition number 361 of 2016, leaked the photos, which were taken between 2013 and 2015 – when the two were lovers –, to Ms Mungai in April 2015.
Mr Zahiten, a private citizen, defended himself, saying the photos were taken in March, 2016 but the court dismissed his submission, saying that it was highly probable that the n*de photos were leaked in April 2015 when Ms Roshanara’s phone was stolen.
Quote
“The 3rd Respondent (Frank Zahiten) had by his close relationship as a boy-friend of the petitioner accessed the petitioner’s photographs, and may indeed have taken some of them, but he had no authority to publish the private photographs.
“In forwarding the private photographs of the petitioner to the 2nd respondent (Terry Mungai), the 3rd respondent had violated the petitioner’s right to privacy of information under Article 31 (c) of the Constitution, and the petitioner is entitled to compensation in damages.
“The petitioner did not adduce evidence sufficient for the court to assess the damages for the breach of the petitioner’s right to privacy. Accordingly, the Court will award modest damages for the breach of the right to privacy in the sum of Ksh.1,000,000/- against the 3rd respondent (Frank Zahiten),”
read the High Court’s ruling issued on Friday, December 9.
The High Court however observed that Roshanara Ebrahim was lawfully dethroned as Miss World Kenya 2016 following the leaking of her Nood photos, citing breach of entry requirements for candidates interested in contesting for Miss World crown.
Quote
“…Entry rules for the national contestants as shown in the Entry Agreement for the global Miss World event 2016 stipulate that the winner must warrant under Schedule D (o) (ii) to Miss World Limited
“That she has never permitted any offensive, indecent, immoral or Nood or semi-Nood photographs of her to be taken. This provision would appear to disqualify the petitioner irrespective of who took the Nood photographs.”
Ms Roshanara won’t be compensated by Miss World Kenya franchise holder Ashleys Kenya Limited following the July, 2016 dethronement, the High Court ruled.
Roshanara’s crown was inherited by Evelyne Njambi in August, 2016, who was the first runner-up in the national beauty contest.
Ms Njambi will represent Kenya in the 2016 Miss World competition which will be held on December 18 at MGM National Harbor in Oxon Hill, Maryland in the capital Washington District of Columbia (in the U.S).
I am a metro reporter on Gistmania, I have been publishing news materials for over 5 years
Posted: at 15-12-2016 11:25 AM (7 years ago) | Hero
AmazingMarie at 15-12-2016 11:51 AM (7 years ago) (f)
I like the court's judgement. this is a deterrent to others who are fond of leaking female or their malenpartner photos online.
Posted: at 15-12-2016 11:51 AM (7 years ago) | Hero