Babu Owino sued over Facebook photo

Embakasi East MP Babu Owino has been sued for using a human rights defender’s photograph on Facebook without his consent.

The human rights defender, Michael Kojo, a resident of Homa Bay County, has sued Owino for publishing his photograph to mobilise supporters for a political meeting.

Kojo filed the case at Homa Bay High Court, saying the Facebook post violated his privacy.

The activist argued that the post was done against the Data Protection Act, 2019.

The MP reportedly posted his picture with the caption “The people SHALL…MANDATORY!” on March 27, 2026. Kojo’s picture, taken in October 2023 when he was addressing the National Dialogue Committee at Bomas of Kenya, appeared in the background of Owino’s image.

Kojo feels disillusioned because the publication of his image portrays him as a member of the Linda Mwananchi faction of the ODM party.

“I fear for my safety due to the false perception created by the unauthorised use of my image,” Kojo added.

He complained that his right to human dignity under Article 28 was violated by what he described as unjustified and unlawful publication.

“This is a breach of my privacy under Article 31(c) on privacy and Article 40(1) on protection of property,” Kojo indicated.

He argued that the publication of his image gave Owino political mileage, commercial benefit, global exposure and reputational growth.

The human rights activist wants the court to award him general damages for the violation of his rights.

Homa Bay Judge Joseph Karanja directed that Owino be served with the petition. The case has been slated for mention on October 1, 2026.