The High Court has struck out a petition filed by a former employee against CSI Energy Group Limited, ruling that the matter should have first been lodged with the Office of the Data Protection Commissioner.
Bramwel Barasa sued his former employer over the continued display of his image and personal data on the company website following his resignation in April 2025.
Barasa noted that as of June 30, 2025, his name and photograph were still listed on the website as the company’s QAQC manager.
Through his advocate, Barasa demanded on July 1, 2025, that the company remove the content, claiming the retention of his personal data without consent violated his right to privacy under Article 31 of the Constitution.
He sought remedies including a mandatory injunction, a formal apology, and both general and exemplary damages for emotional distress and alleged unlawful commercial use.
The company argued the continued display was an inadvertent oversight and that it had promptly removed the content once notified.
It also said Barasa had consented to the use of his image during his employment and had not demonstrated any actual harm or commercial exploitation.
In a judgment delivered on March 12, Justice Lawrence Mugambi of the Constitutional and Human Rights Division found that Barasa had approached the court prematurely.
The judge emphasised that alternative dispute resolution mechanisms must be exhausted before filing a case in court.
Justice Mugambi noted that the complaint fell under the Data Protection Act.
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