A
High Court has determined that a former Miss World Kenya 2016 queen
will receive money for damages after her n*de photos were leaked online.
Former Miss World Kenya 2016 Roshanara Ebrahim
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 by eDaily, 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.
“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 nude
photos, citing breach of entry requirements for candidates interested in
contesting for Miss World crown.
“…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 nude or semi-nude photographs of her to be taken. This provision
would appear to disqualify the petitioner irrespective of who took the
nude 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).
No comments:
Post a Comment