Kenya’s Victor Wanyama Sues Menengai Oil for Image Rights Violation

Harambee Stars captain and Tottenham Hotspur midfielder, Victor Wanyama, on Wednesday moved to the Nairobi Milimani High Court complaining about his image being used against his will.

In the case, Wanyama is accusing the firm of publishing his image in a tweet alongside the company’s trademarked logo on June 21. This was two days before Kenya’s national team Harambee Stars played their first match at the African Cup of Nations 2019.

“If you believe it, you can do it, we at the Menengai would like to wish our boys all the best in the Africa Cup of Nations,” read the tweet which was pulled down by the firm on Thursday.

According to the footballer, the tweet was never meant to wish the Harambee Stars good luck but to promote Menengai Oil’s business.

Wanyama argues that the wording in the caption together with the use of his image created the impression that he was the official brand ambassador of oil maker, noting that the image used did not contain the entire Kenyan football team but a few select individuals..

“If the message was meant for the whole team, a photo comprising the entire team could have been used,” reads the affidavit.

The footballer wants the court to declare that the action by Menengai contravened his image and personality rights. he further seeks a declaration that the image published by Menengai constitutes a marketing advertisement and that he is entitled to damages as a result.

“I did not consent to the use of my image in the post published by Menengai. I am greatly disturbed by the continued use of the image as the company has failed to delete the offending post from its twitter account despite demand to do so,” he adds in the affidavit.

Wanyama also argues that he has worked hard to build his brand and reputation over the past 12 years of his football career and as a result he is the brand ambassador for several companies such as Addidas, Multichoice and Safaricom.

He swore that the company infringed on his rights by selectively using his image when other firms who also supported Harambee Stars during the Africa Cup of Nations did not infringe on the rights of any player. He added that his club also has a partnership with other brands which the players promote, and which is in direct competition with the company’s brands.