The High Court in Mombasa has ordered a director of a school in Kwale County to stop using images of children without their consent pending a hearing and determination of a case.
Ann De Bruyn, who owns Tabasamu School, allegedly impersonated herself as a member of a children's home to solicit money from investors to open her school.
In an affidavit by the manager of the children's home Sarah Were, she revealed that De Bruyn became part of the institution in July 2022, when she volunteered to be a sponsor.
Soon after, the documents filed in court say, she began inciting the home's staff members and taking photos of the children without their or the manager's consent.
It is alleged that she would misrepresent herself as one of the home's managers and when investors asked for proof, she would use the images.
Were claims that this is how De Bruyn ended up getting funding to open Tabasamu School and "to unjustly enrich herself".
The court heard that despite being asked to return the images and stop obtaining funds in the name of the children's home, she has ignored the same.
Were told the court that the actions have resulted in losses and damages in terms of finances, as the home investors are claiming that they have already sponsored the school through De Bruyn.
The home's manager added that the conduct was not only unlawful but was done in bad faith to obtain money fraudulently and cause exploitation to the children.
"This application is occasioned by the fact that there are children whose image rights have been injured and are being exploited for monetary gain without the consent of the children's guardian," Were said.
Through lawyer Elkana Mogaka, the children's home and its managers asked the court to compel De Bruyn to cease the usage of the images to get monies from investors.
He said unless the same is ordered, there was a likelihood of child abuse, injury and exploitation of the children.
He also filed the same under a certificate of urgency, stating that unless the matter was disposed of on an urgent basis, the children would suffer irreparable damage and prejudice.
The petition was presented before Mombasa's Lady Justice Anne Ong'injo who certified it urgent.
Alongside ordering De Bruyn to cease the use of the children's images without consent pending the hearing, she also ordered her to pull them down.
"That the 4th (Ann De Bruyn) and 5th (Tabasamu School) Respondents are directed to take down the images of the 3rd Applicant's children from their school website, social media pages and or any other form of digital and or print media pending inter parties hearing and final disposition of this application," the orders read.
Justice Ong'injo also directed that the application to be served for inter parties hearing on February 26, before Justice Mutai in the High Court at Kwale.