𝗞𝗶𝗮𝗺𝗯𝘂 𝗦𝘂𝗽𝗲𝗿𝗺𝗮𝗿𝗸𝗲𝘁 𝗢𝗿𝗱𝗲𝗿𝗲𝗱 𝗧𝗼 𝗣𝗮𝘆 𝗞𝗦𝗵𝟱𝟬𝟬,𝟬𝟬𝟬 𝗙𝗼𝗿 𝗛𝘂𝗺𝗶𝗹𝗶𝗮𝘁𝗶𝗻𝗴 𝗖𝘂𝘀𝘁𝗼𝗺𝗲𝗿 𝗗𝘂𝗿𝗶𝗻𝗴 𝗦𝗵𝗼𝗽𝗹𝗶𝗳𝘁𝗶𝗻𝗴 𝗦𝗲𝗮𝗿𝗰𝗵

The High Court found that Cleanshelf Supermarket violated a customer’s constitutional rights to dignity, privacy and consumer protection after she was searched in a public area.

A supermarket operating in Kiambu County has been ordered to pay KSh500,000 in nominal damages to a customer after the High Court found that the manner in which she was searched over suspected shoplifting violated her constitutional rights.

In a judgment delivered on October 31, 2025, Justice A. Mshila ruled against Cleanshelf Supermarket Limited in a constitutional petition filed by Evelyn Kagwiria Anampiu, declaring that the retailer had infringed her rights to human dignity, privacy and consumer protection.

The court also ordered the supermarket to pay the costs of the petition, reinforcing the obligation of businesses to handle suspected theft professionally and respect customers’ fundamental rights.

𝗛𝗼𝘄 𝗧𝗵𝗲 𝗗𝗶𝘀𝗽𝘂𝘁𝗲 𝗕𝗲𝗴𝗮𝗻

According to the court proceedings, Anampiu was suspected of shoplifting at Cleanshelf Supermarket’s Ruaka branch in June 2023.

The supermarket maintained that suspicion arose after she was allegedly seen holding a bottle of shampoo that could no longer be seen when she approached the checkout counter.

Anampiu challenged the treatment she received, arguing that she was subjected to a physical search in a public area in the presence of other shoppers and bystanders.

She contended that the incident exposed her to humiliation and embarrassment and violated her constitutional rights. She subsequently filed a petition seeking declarations that her rights had been infringed and KSh4 million in damages for the alleged trauma and humiliation.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗲 𝗦𝘂𝗽𝗲𝗿𝗺𝗮𝗿𝗸𝗲𝘁 𝗧𝗼𝗹𝗱 𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁

Cleanshelf defended its actions, arguing that the search was conducted under its loss-prevention procedures and that reasonable suspicion justified the intervention.

The retailer further contended that Anampiu had attracted public attention through her own reaction and had not presented witnesses to substantiate the extent of the humiliation she claimed to have suffered.

However, the court examined the supermarket’s own Loss Control Policy, which required searches to take place in a private area before the payment point and in the presence of a member of management.

𝗪𝗵𝘆 𝗧𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 𝗥𝘂𝗹𝗲𝗱 𝗔𝗴𝗮𝗶𝗻𝘀𝘁 𝗖𝗹𝗲𝗮𝗻𝘀𝗵𝗲𝗹𝗳

Justice Mshila found that the search had not been conducted in accordance with the retailer’s own policy.

The judge reasoned that the supermarket’s claim that Anampiu had attracted public attention by raising her voice indicated that the search was taking place in a public area rather than the private setting required by its procedures.

The court also noted evidence that an attendant had been summoned to conduct the search without the managerial presence stipulated in the policy.

It consequently found that Cleanshelf had violated Article 28 of the Constitution, which protects human dignity; Article 31, which safeguards privacy; and Article 46, which provides for consumer rights.

The judgment emphasised that businesses have a responsibility to protect customers from unnecessary humiliation and embarrassment when addressing suspected wrongdoing.

𝗪𝗵𝘆 𝗧𝗵𝗲 𝗔𝘄𝗮𝗿𝗱 𝗪𝗮𝘀 𝗞𝗦𝗵𝟱𝟬𝟬,𝟬𝟬𝟬

Although Anampiu had sought KSh4 million in compensation, the court awarded KSh500,000 in nominal damages.

The judge noted that she had not called a witness to support her claims regarding the extent of the humiliation. Nevertheless, the established constitutional violations justified an award of nominal damages.

The court formally declared that her rights relating to dignity, freedom and security of her person, privacy and consumer protection had been infringed.

𝗔 𝗪𝗮𝗿𝗻𝗶𝗻𝗴 𝗙𝗼𝗿 𝗥𝗲𝘁𝗮𝗶𝗹𝗲𝗿𝘀

The ruling serves as a reminder that protecting business property does not remove the obligation to respect customers’ constitutional rights.

Retailers must handle shoplifting suspicions discreetly, follow established procedures and avoid searches that unnecessarily expose customers to public embarrassment.

Channel 15 News — The Full Story First.