Kenya Orient Insurance Limited will part with Sh500,000 in compensation for using a photo of its client on its social media page without his consent.
Milimani Commercial Court senior principal magistrate Addah Obura slapped the judgment on the insurance firm after establishing that it irregularly used the image of one Kevin Kimani Mungai on its Facebook page.
The claimant won the case he had filed against the insurer through lawyer Titus Koceyo, which the court said was a unique one.
Mr Koceyo told the court that the company posted Mr Mungai’s photograph for a promotional advertisement without consulting him first.
“The advertisement ran from October 18, 2013 and received over 18,700 likes and visitors for the defendants (Kenya Oriental Insurance) own economic gain,” said Mr Mungai through his advocate.
He told the court the insurer took his photo when he went to collect a mobile phone, which he had taken for repair.
The device had been insured with Kenya Orient.
Upon inquiry as to why his photo was being taken, he said the insurer told him “it was proof they had repaired the phone to avoid any future claims”.
“However, he was allegedly surprised when he later received several calls, e-mails and communication from family and friends asking whether he is advertising for the defendant,” Ms Obura stated in her judgment.
The magistrate said the company admitted that it had taken the photograph of the plaintiff (Mungai) and posted it on the Facebook page though not for economic gain.
The insurer defended itself saying it was customary for it to post events touching on their mobile products — a fact which the plaintiff was well aware of.
LOSS OR DAMAGE
Kenya Orient urged the court to dismiss the compensation claim against it as Mr Mungai did not suffer any loss or damage.
In the judgement, the court observed there was no evidence of consent to post the photograph from Mr Mungai.
“Such consent was necessary,” Ms Obura ruled.
The court concluded that the photographs posted in the company’s social media page was to gain financial mileage in their business.
“This clearly is a form of marketing in the eyes of an ordinary man. Orient is in the insurance business…It is not convincing that they were merely advertising and were not gaining anything from such visits to their Facebook page,” she added.
“In view of the foregoing, I hereby enter judgement in favour of Mr Mungai in the sum of Sh500,000 plus costs and interest.”
World Bank pushes G-20 to extend debt relief to 2021
World Bank Group President David Malpass has urged the Group of 20 rich countries to extend the time frame of the Debt Service Suspension Initiative(DSSI) through the end of 2021, calling it one of the key factors in strengthening global recovery.
“I urge you to extend the time frame of the DSSI through the end of 2021 and commit to giving the initiative as broad a scope as possible,” said Malpass.
He made these remarks at last week’s virtual G20 Finance Ministers and Central Bank Governors Meeting.
The World Bank Chief said the COVID-19 pandemic has triggered the deepest global recession in decades and what may turn out to be one of the most unequal in terms of impact.
People in developing countries are particularly hard hit by capital outflows, declines in remittances, the collapse of informal labor markets, and social safety nets that are much less robust than in the advanced economies.
For the poorest countries, poverty is rising rapidly, median incomes are falling and growth is deeply negative.
Debt burdens, already unsustainable for many countries, are rising to crisis levels.
“The situation in developing countries is increasingly desperate. Time is short. We need to take action quickly on debt suspension, debt reduction, debt resolution mechanisms and debt transparency,” said Malpass.
Kenya’s Central Bank Drafts New Laws to Regulate Non-Bank Digital Loans
The Central Bank of Kenya (CBK) will regulate interest rates charged on mobile loans by digital lending platforms if amendments on the Central bank of Kenya Act pass to law. The amendments will require digital lenders to seek approval from CBK before launching new products or changing interest rates on loans among other charges, just like commercial banks.
“The principal objective of this bill is to amend the Central bank of Kenya Act to regulate the conduct of providers of digital financial products and services,” reads a notice on the bill. “CBK will have an obligation of ensuring that there is fair and non-discriminatory marketplace access to credit.”
According to Business Daily, the legislation will also enable the Central Bank to monitor non-performing loans, capping the limit at not twice the amount of the defaulted loan while protecting consumers from predatory lending by digital loan platforms.
Tighter Reins on Platforms for Mobile Loans
The legislation will boost efforts to protect customers, building upon a previous gazette notice that blocked lenders from blacklisting non-performing loans below Ksh 1000. The CBK also withdrew submissions of unregulated mobile loan platforms into Credit Reference Bureau. The withdrawal came after complaints of misuse over data in the Credit Information Sharing (CIS) System available for lenders.
Last year, Kenya had over 49 platforms providing mobile loans, taking advantage of regulation gaps to charge obscene rates as high as 150% a year. While most platforms allow borrowers to prepay within a month, creditors still pay the full amount plus interest.
Amendments in the CBK Act will help shield consumers from high-interest rates as well as offer transparency on terms of digital loans.
Scope Markets Kenya customers to have instant access to global financial markets
NAIROBI, Kenya, Jul 20 – Clients trading through the Scope Markets Kenya trading platform will get instant access to global financial markets and wider investment options.
This follows the launch of a new Scope Markets app, available on both the Google PlayStore and IOS Apple Store.
The Scope Markets app offers clients over 500 investment opportunities across global financial markets.
The Scope Markets app has a brand new user interface that is very user friendly, following feedback from customers.
The application offers real-time quotes; newsfeeds; research facilities, and a chat feature which enables a customer to make direct contact with the Customer Service Team during trading days (Monday to Friday).
The platform also offers an enhanced client interface including catering for those who trade at night.
The client will get instant access to several asset classes in the global financial markets including; Single Stocks CFDs (US, UK, EU) such as Facebook, Amazon, Apple, Netflix and Google, BP, Carrefour; Indices (Nasdaq, FTSE UK), Metals (Gold, Silver); Currencies (60+ Pairs), Commodities (Oil, Natural Gas).
The launch is part of Scope Markets Kenya strategy of enriching the customer experience while offering clients access to global trading opportunities.
Scope Markets Kenya CEO, Kevin Ng’ang’a observed, “the Sope Markets app is very easy to use especially when executing trades. Customers are at the heart of everything we do. We designed the Scope Markets app with the customer experience in mind as we seek to respond to feedback from our customers.”
He added that enhancing the client experience builds upon the robust trading platform, Meta Trader 5, unveiled in 2019, enabling Scope Markets Kenya to broaden the asset classes available on the trading platform.