Marini Naturals Chief Executive Officer Michelle Ntalami , in a case filed at the High Court in Nairobi, is reportedly seeking compensati...
Marini Naturals Chief Executive Officer Michelle Ntalami, in a case filed at the High Court in Nairobi, is reportedly seeking compensation for alleged defamation and use of her image and voice.
Michelle named Minne Kariuki Njuguna, Young Rich Television Ltd, M-NET and D&R Studios Ltd as the defendants.
The beginning
Ntalami claims that on November 8, last year, she was invited by Susan Kaittany for dinner and the launch of her Sip & Scent event at the Tribe Hotel. She said there was a filming crew at the event.
Michelle claims to have asked one of the Young Rich Television and D&R Studios crew members about her actor’s agreement or consent form. But she was not offered.
Ntalami says she was informed that someone else was responsible for that. And adds that she was made to believe that during post-production, someone would reach out to her with the agreement.
When the Real Housewives of Nairobi show launched on February 23 on M-NET, Ntalami was featured. Court documents indicate she featured in Episodes 1 and 2, and a Reunion episode.
No consent
Her counsel said she therefore did not give any consent to any videotape, audiotape, film, portray, photograph or otherwise record of her image or trade in connection with The Real Housewives of Nairobi.
Michelle was featured in the first, second and Reunion episodes of the series. And also featured in commercials, advertisements and various social media pages of M-net and D&R Studios.
Cyberbullying
Ntalami said she began facing cyber-bullying from Minne Kariuki as soon as the show began airing.
She accused Minne of publishing and speaking with malice about her in a manner that attacked her personality, character, good social standing, business, personal and business brand.
In addition, Ntalami accused Minne of having printed and wore a t-shirt with defamatory remarks against her and even created an Instagram page which sold such merchandise.
The effect
“In February 2023, the Plaintiff had made plans to travel overseas to further expand her growing business. She had secured strategic and high-level business meetings with her overseas partners,” the suit reads.
“However, all this did not materialise due to the negative effect the Real Housewives of Nairobi Show had on her psychological and mental health. The plaintiff suffered missed business opportunities and growth plans, which took a backseat as a result.”
Compensation
Ntalami is seeking general damages for the unauthorized commercial exploitation of her personal rights without her consent. Additionally, she is pursuing aggravated damages due to the defendant’s continued republication of defamatory statements.
Michelle says that she issued a demand and notice of intention to sue the defendants on March 22, 2023, The notice explicitly instructed them to cease and desist from using her name, reputation, brand, images, audio-visual recordings, and filming in connection with the show. Despite this formal notice, the defendant persisted in repeating, republishing, and replaying parts of Episode 1 that featured her.
On September 25, Ntalami and Kaittany jointly wrote to the Communications Authority of Kenya, requesting an investigation into M-NET’s content.
The two assert that M-NET breached the conditions of its licenses for content distribution in Kenya.
“Through the production and broadcasting of, “The Real Housewives of Nairobi” a television program that they own and broadcast on Showmax and other affiliate platforms owned by themselves, they have permitted and profited from content that is defamatory, obscene, and offensive and have used the same content to promote this program for the purposes of commercial gain and profit,” read part of letter signed by Ntalami and Kaitanny and received by CAK on October 2.
By BNN
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