The High Court in Nairobi has ordered Cleanshelf Supermarket to pay KSh500,000 in damages to a woman who was publicly searched and humiliated at the retailer’s Ruaka branch, in what the court termed a violation of her constitutional rights.
The complainant, Evelyn Kagwiria Anampiu, sued the supermarket after being accused of shoplifting and subjected to a body search in full view of other customers. She told the court the ordeal left her embarrassed, distressed, and stripped of her dignity.
Cleanshelf, in its defense, claimed that its staff acted within their mandate to prevent theft after a missing item was reported. However, Justice A. Mshila dismissed the argument, ruling that the supermarket’s actions were unprofessional and disrespectful to the customer’s rights.
The judge noted that even if there had been reasonable suspicion, the search should have been conducted privately and with respect, in accordance with the retailer’s own loss prevention policy.
Justice Mshila further stated that the public search amounted to a breach of the shopper’s right to human dignity, privacy, and consumer protection, as guaranteed under the Constitution of Kenya.
As a result, the court ordered Cleanshelf to compensate Ms. Anampiu KSh500,000 for the violation and to cover her legal costs.
