The High Court in Kiambu has ruled that Cleanshelf Supermarket violated the constitutional rights of a customer who was subjected to an improper search at one of its branches, awarding her Sh500,000 as nominal damages.
Justice A. Mshila delivered the judgment in a petition filed by Evelyn Kagwiria Anampiu, who accused the supermarket of infringing her rights to dignity, privacy, and consumer protection under Articles 28, 31, and 46 of the Constitution.
The incident occurred when the petitioner was searched in a public area of the supermarket, contrary to the company’s own Loss Control Policy, which requires searches to be conducted in private and in the presence of a managerial staff member.
The court found that the search — done in full view of other customers — subjected her to humiliation and amounted to a violation of her constitutional rights.
While Cleanshelf acknowledged that a search took place, the supermarket argued that it was carried out as part of standard security procedures and that the customer allegedly drew public attention by being loud.
However, the court dismissed this defence, ruling that the manner in which the search was conducted breached her right to dignity and privacy.
The petitioner had sought Sh4 million in damages for trauma and humiliation, but the court awarded Sh500,000, noting she had not presented witnesses to prove emotional suffering beyond the rights violation already established.
In the ruling, Justice Mshila declared that Cleanshelf had infringed the petitioner’s rights and ordered the supermarket to bear the costs of the petition.
The judgment reinforces consumer protection and privacy rights in Kenya, setting a precedent on how retail stores must conduct searches while balancing loss control and constitutional compliance.
Got a news tip? Please send us an email at info@nairobidaily.com
