A Kenyatta Family and Brookside Dairies-owned firm has appealed against a court order to compensate an elderly plumber Ksh1.6 million.
The firm was ordered by the court to compensate the plumber for wrongful termination and using his photograph without his consent.
In their appeal to the court, the firms claimed to have been condemned unheard, thus terming the prior ruling an unfair trial.
In January 2020, the High Court awarded David Gicheru Ksh1.5 million when Brookside used his picture.
The 80-year-old got was awarded an extra Ksh139,200 including 11 months compensation for his Ksh11,600 pay for unfair termination by Gicheha in 2018 when he had raised concerns about the photograph.
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The Court of Appeal issued an order halting the payment pending determination of the suit.
The firms told the bench of Justices Martha Koome, Daniel Musinga and Gatembu M'Inoti that they fear the former employee who earned Ksh10,620 a month would not e able the amounts payable if their petition succeeds.
Gicheru was fired in 2018 when he complained about Brookside Dairies-majority owned by the Kenyatta family used his image on a calendar.
He was terminated on grounds of "breakdown of communication", "erosion of confidence" and the failure to exhaust all avenues of conflict resolution. He was paid Ksh151,149.
In 2017, Gicheru stated that he was photographed ad his image used by his former employer on marketing media including calendars that were distributed in Kenya, Uganda and Tanzania.
Human Resource Manager for the two companies Grace Manugu said that Gicheru consented to the use of his image for the sole purpose of use on calendars and the Gicheha Farm Ltd approved of the same.
She stated that the image was used in good faith and not for purposes of profiteering. She added that Brookside did not make any money out of it.
The plumber is being represented by Lawyer Donald B Kipkorir.
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