Former Miss World Kenya 2016 Roshanara Ebrahim will receive KSh1 million in damages from her ex-lover namely Frank Zahiten, who leaked her nude photos to Ashelys Kenya CEO Terry Mungai, resulting in Roshanara being decrowned, the High Court has ruled.
The High Court heard that Mr Zahiten, the third respondent in the case petition number 361 of 2016, leaked the photos, which were taken between 2013 and 2015 – when the two were lovers –, to Ms Mungai in April 2015.
Mr Zahiten, a private citizen, defended himself, saying the photos were taken in March, 2016 but the court dismissed his submission, saying that it was highly probable that the nude photos were leaked in April 2015 when Ms Roshanara’s phone was stolen.
“The 3rd Respondent (Frank Zahiten) had by his close relationship as a boy-friend of the petitioner accessed the petitioner’s photographs, and may indeed have taken some of them, but he had no authority to publish the private photographs.
“In forwarding the private photographs of the petitioner to the 2nd respondent (Terry Mungai), the 3rd respondent had violated the petitioner’s right to privacy of information under Article 31 (c) of the Constitution, and the petitioner is entitled to compensation in damages.
“The petitioner did not adduce evidence sufficient for the court to assess the damages for the breach of the petitioner’s right to privacy. Accordingly, the Court will award modest damages for the breach of the right to privacy in the sum of Ksh.1,000,000/- against the 3rd respondent (Frank Zahiten),” read the High Court’s ruling issued on Friday, December 9.
The High Court however observed that Roshanara Ebrahim was lawfully dethroned as Miss World Kenya 2016 following the leaking of her nude photos, citing breach of entry requirements for candidates interested in contesting for Miss World crown.
“…Entry rules for the national contestants as shown in the Entry Agreement for the global Miss World event 2016 stipulate that the winner must warrant under Schedule D (o) (ii) to Miss World Limited –
“That she has never permitted any offensive, indecent, immoral or nude or semi-nude photographs of her to be taken. This provision would appear to disqualify the petitioner irrespective of who took the nude photographs.”
Ms Roshanara won’t be compensated by Miss World Kenya franchise holder Ashleys Kenya Limited following the July, 2016 dethronement, the High Court ruled.
Roshanara’s crown was inherited by Evelyne Njambi in August, 2016, who was the first runner-up in the national beauty contest.
Ms Njambi will represent Kenya in the 2016 Miss World competition which will be held on December 18 at MGM National Harbor in Oxon Hill, Maryland in the capital Washington District of Columbia (in the U.S).