City model Ms
Roshanara Ebrahim was dethroned from her Miss World Kenya position in
July after her ex-boyfriend sent her nude photos to the pageant
organisers, court documents have revealed.
In the ruling,
published on KenyaLaw.org, the model's ex-boyfriend, Frank Zahlten, sent
the photos to Ashleys Kenya chief executive officer Terry Mungai
without the beauty queen’s knowledge.
For that, the court has ordered Mr Zahiten to pay the model Sh1 million for
violating her rights to privacy.
CONTRAVENED CONTRACTUAL TERMS
In the judgment
delivered last Wednesday, Mr Justice Edward Muriithi of the High Court’s
Constitutional and Human Rights Division however declined to reinstate
Ms Ebrahim as Miss World Kenya, stating that she contravened the
pageant’s contractual terms.
Judge Muriithi however trashed an allegation against Ms Ebrahim that she was a drug user.
“It is not possible
to determine from the photographs whether the petitioner is taking
drugs. Only a proper criminal investigation may reveal the truth,” he
said.
Reading through
Justice Muriithi’s judgment, it emerges that Ms Mungai received an email
containing Ms Ebrahim’s nude photos on July 28.
A day later, she
released a media statement saying Ms Ebrahim had agreed to step down
from her position. </ p > < p > “A grave situation has
come to our attention that is in breach of our code of Conduct and our
contract with the reigning Miss World Kenya 2016 Roshanara. We uphold a
strict code of conduct that expects Beauty Queens to manage their public
and private life,” Ms Mungai had stated in the widely-circulated
statement. </ p > < p > Following her dethronement and
the subsequent installation of Ms Evelyne Njambi as Miss World Kenya, Ms
Ebrahim sued Ashleys Kenya, its CEO Terry Mungai, her ex-boyfriend Mr
Zahlten and the newly-crowned Ms Njambi.
PHONESTOLEN
The court heard
that Ms Ebrahim’s phone was stolen in Italy in April 2015. She said the
theft could have been the source of leaked photos taken between 2013 and
2015.
Justice Muriithi also heard that there were photos taken in March 2016 whose leakage was not explained.
In the end, the
judge found that Ms Ebrahim posed for the nudes and in some cases took
selfies and sent the photos to Mr Zahlten who was her boyfriend at the
time.
“It was urged that
the petitioner (Ms Ebrahim) had waived her right to privacy by taking
the subject photographs by a communication gadget as selfies and
voluntarily sending them to the 3rd Respondent (Mr Zahlten) using a
communication gadget,” reads the judgment.
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