“Nitakufinya!” is a very common phrase in Kenya which simply means “I’ll squeeze you.” It was birthed by a man named Aaron Asiiba Matendechele. He started using it ten years ago before it’s popularity. Aaron is taking legal action against corporates using his image for commercial gain without his consent.
The video captured an altercation between Aaron and his ally Charles Musyoka. He was warning his friend to refrain from diverting from talking about electricity on national TV. This happened at the Mukuru Kwa Njenga slums. This video garnered many views with Kenyans adopting the phrase “Nitakufinya.” It became a word that thousands have now used to make light of any situation.
Corporates jumped in on the wave and used the video for their own commercial benefits. Professor Tom Ojienda, Aaron’s lawyer, presented the cases to the high court. They show that Cooperative bank posted an image of Matendechele on their Instagram on July 5,2021. The bank captioned the image with, “Banker akiona loan defaulter akikula kuku tao.”
In addition, Ruiru Mabati Factory, shared an image on their Facebook on July 13,2021. Both companies were advertising their products. However, Matendechele declares that just because the video made him famous, he still has a right to his privacy. He pleads forced labour and servitude. He ascertains that he has not signed any deal with the above companies.
Effect Of “Nitakufinya” On his Personal Life
The torts of privacy defines appropriation for name and or likeness as an invasion of privacy. In his court papers, Matendechele claims invasion of privacy through the misappropriation of his identity or likeness. The mentioned companies have used recreated images of Aaron for their own financial benefits without his consent.
Furthermore, he declares that he is undergoing psychological torture. This is because his family, peers and business associates think he is now a rich man. He also lives with the anxiety that many will come to collect their debts from him. Matendechele is aware of his right to publicity which allows him to make and control finances from the profit-oriented use of his identity.
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