Media Complaint Commission makes landmark ruling On Privacy law

The Media Complaint Commission has made a landmark ruling declaring that photography in public places for legitimate journalistic purposes does not ordinarily require an individual's consent.

The Commission dismissed a complaint against the Daily Nation newspaper concerning a photograph used in a report on rising fuel costs. The determination was issued on Wednesday, 5 February 2026.

Mr Nico Otieno Nissen Magather lodged the complaint regarding a photograph published in the Daily Nation on 18 January 2024. Mr Magather alleged that the image, which depicted him walking, was used without his consent and portrayed him in a “misleading and disparaging” manner, thereby infringing upon his dignity and privacy. He sought a public apology and a clarification from the publication.

Upon reviewing submissions, evidence, and the relevant provisions of the Media Council Act, 2013, and the Code of Conduct for Media Practice, the Commission concluded that the publication did not constitute an infringement of Mr Magather’s right to privacy or dignity.