CLEANSHELF SUPERMARKETS ORDERED TO PAY KSH 500,000 FOR HUMILIATING CUSTOMER IN SHOPLIFTING ALLEGATIONS
The High Court recently ruled against Cleanshelf Supermarkets, ordering the retail chain to pay Ksh 500,000 in nominal damages to Evelyn Kagwiria Anampiu for violating her constitutional rights during an accusation of shoplifting.
The incident occurred at the Ruaka branch on June 3, 2023, when Anampiu was subjected to a public physical search that was described as “horrendous and humiliating.”
No stolen items were found, and the court found that the supermarket conducted the search improperly and in violation of company policy.
Anampiu claimed the incident damaged her dignity and caused her living with the stigma of being labeled a shoplifter, initially seeking Ksh 4 million in damages.
“It is the Petitioner’s case that she was subjected to a public physical search which was humiliating. She averred that she now lives with the stigma of being labelled a shop lifter,” read part of the court documents.
However, the court awarded nominal damages noting the constitutional rights infringed included dignity, privacy, and security of person as protected under Articles 28, 31, and 46 of the Kenyan Constitution.
“A declaration be and is hereby issued that the Petitioner is deserving of nominal damages assessed at Ksh500.000”
The supermarket defended the process as part of routine loss prevention policies but was found to have searched the customer in a public area without proper managerial oversight, contrary to its own Loss Control Procedures.
The court emphasized that retailers have a duty to protect customers from humiliation and embarrassment and awarded costs to the petitioner.