Blow to KLB as 2003 Student Photo Sparks Legal Battle
A former student whose image appears in the Secondary Chemistry Form Two textbook published by the Kenya Literature Bureau (KLB) is demanding compensation for the years his picture has been used without his consent. The individual, now an adult, claims that his image has been in circulation for over two decades, yet he has not received any financial benefits despite the book generating billions of shillings in sales.
A Long-Standing Grievance
According to the complainant, the textbook has been in use since 2003, meaning his image has been viewed by millions of students across Kenya. Despite this, he has never been compensated or acknowledged in any way. The former student argues that KLB has significantly profited from the sale of the book, and it is only fair that he receives a portion of the revenue as payment for the use of his likeness.
The Irony of It All
In an unexpected twist, the individual revealed that chemistry did not benefit him academically. Despite featuring prominently in the textbook, he scored a D- in the subject. He now finds it ironic that his image continues to inspire students studying chemistry while he himself struggled with it.
Other Cases of Student Images in KLB Books
This case has sparked discussions about the use of student images in KLB publications. It has emerged that the KLB Business Studies Revision book also features a student’s picture, reportedly taken at Ruaraka Secondary School. If more students step forward with similar claims, KLB could face increased scrutiny over its publishing practices.
Legal and Ethical Questions
This case raises important legal and ethical questions regarding image rights, consent, and compensation. Did KLB obtain permission to use the student’s image? If so, was the agreement documented? If not, does the individual have grounds for legal action?
Kenyan law, like many jurisdictions, recognizes an individual’s right to control the use of their image, especially for commercial purposes. If it is established that the student never gave proper consent or was not compensated fairly, he may have a case against KLB.
Precedents and Possible Outcomes
Globally, there have been similar cases where individuals have sued publishers, advertisers, or corporations for unauthorized use of their images. Some have won significant compensation, while others have lost due to lack of binding agreements at the time the images were taken.
In Kenya, there is increasing awareness about intellectual property rights, and this case could set a precedent for how publishers handle images of students in educational materials.
What Next?
The student is now seeking legal advice on the matter, and if he proceeds with a lawsuit, it could force KLB to review how it sources and uses images in its publications. This may also prompt other individuals whose pictures appear in textbooks to come forward with similar demands.
As the case unfolds, it remains to be seen whether KLB will respond with an out-of-court settlement or if the matter will proceed to court. Regardless of the outcome, this incident highlights the importance of ethical publishing practices and the need for individuals to understand their rights regarding image use.
