This archive report was first published on 7 August 2019.
On June 21, 2019, Kenyan international footballer Victor Wanyama's image appeared in a tweet by Menengai Oil Refineries, a move he claims contravened his image and personality rights.
Wanyama, who plays for Tottenham Hotspur in England, is seeking compensation for the unauthorized use of his image in the commercial advertisement.
According to court documents, the footballer wants the court to declare that Menengai's action was a marketing advertisement and that he is entitled to damages as a result.
Wanyama has worked hard to build his brand and reputation over the past 12 years of his footballer career and is the brand ambassador for several companies, including Addidas, Multichoice, and Safaricom.
"I logged onto my Twitter account and confirmed that the company on their official Twitter account was indeed using my image in a commercial advertisement," Wanyama said in a sworn affidavit.
He claims that the image used by Menengai created the impression that he was the official brand ambassador of the oil maker, and that the company has failed to delete the offending post from its Twitter account despite his demand to do so.