Mr Michael Kojo Otieno addressing journalists outside Milimani Law Courts on February 1, 2024.
The activist whose viral explanation of the phrase "The people shall" during the National Dialogue Committee (NADCO) hearings turned him into an unlikely sensation has sued Embakasi East MP Babu Owino for allegedly using his image in a political Facebook post without his consent.
In a petition filed at the High Court in Homa Bay, Mr Michael Kojo accuses the legislator of violating his constitutional rights to privacy, dignity and property by publishing his photograph .
He also argues that the publication contravened the Data Protection Act, 2019.
According to the petition, Mr Owino used Mr Kojo's image in a Facebook post on March 27, 2026, to mobilise supporters to attend a Linda Mwananchi meeting. The post featured a photograph of the MP carrying the Kenyan flag and the caption: "The people SHALL… MANDATORY!"
The image of Mr Kojo used in the post was captured during the NADCO public participation sessions at Bomas of Kenya in October 2023, where he made submissions before the committee then chaired by Ugunja MP Opiyo Wandayi, now the Cabinet Secretary for Energy.
During the hearings, Mr Kojo drew widespread attention after explaining the constitutional distinction between the words "shall" and "may", arguing that the two carry different legal obligations. His remarks were met with applause and quickly went viral online, with the phrase "The people shall" subsequently becoming a popular slogan in Kenya's political discourse.
Embakasi East MP Babu Owino.
Mr Kojo says he never authorised Mr Owino or any other person to use his image for political purposes and has never been associated with the Linda Mwananchi movement or the Orange Democratic Movement (ODM).
He argues that the publication falsely portrayed him as a supporter of the political outfit and exposed him to public misunderstanding and potential security risks.
“Furthermore, the petitioner avers that his right to property was infringed for the sole reason that he has property in his person. The petitioner avers that he lives in constant fear of his personal safety due to the false perception created by the unauthorised use of his image/likeness," part of the petition reads.
Mr Kojo further claims that the legislator exploited his image for political, commercial and reputational gain without his knowledge or consent.
Mr Michael Kojo Otieno addressing journalists outside Milimani Law Courts on February 1, 2024.
"The respondents exploited and appropriated my image, resulting in political mileage, commercial and monetary benefit, global exposure, brand growth and reputational advantage," the petition states.
He is asking the court to declare that the publication of his photograph violated his right to human dignity under Article 28 of the Constitution, his right to privacy under Article 31(c), and his right to protection of property under Article 40(1).
The activist is also seeking general damages for the alleged violation of his constitutional rights and any other relief the court may deem fit.
Justice Joseph Karanja has directed that the petition be served on Mr Owino and fixed the case for mention on October 1, 2026, for further directions.
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