The High Court in Kiambu has ordered Cleanshelf Supermarket Limited to pay a shopper KSh 500,000 for violating her fundamental rights.
In a decisive ruling on 31 October 2025, Lady Judge Abigail Mshila held that the company’s actions breached the Constitution.
Court documents show the petitioner, Evelyn Kagwiria Anampiu, entered the Ruaka branch of the supermarket on 3 June 2023.
She was suspected of shoplifting and was subjected to a public physical search of her person and bag, in full view of other shoppers, even though no stolen items were found.
“The respondent bears the duty to protect its customers from humiliation and embarrassment,” read the ruling.
Business failure on full display
Lady Justice Mshila’s ruling picks through the supermarket’s own policy and practice.
The court found that Cleanshelf’s loss-prevention policy required searches to be done in a private area, before the payment point, and under the supervision of a manager.
In Kagwiria’s case, none of these procedures were followed.
The judgement drew a vivid portrait: a woman stopped in the aisle, ringed by other shoppers; a public search, not a quiet investigation; no stolen goods found; the petitioner left clinging to her dignity.
The court found this amounted to a clear breach of Articles 28 (human dignity), 31 (privacy) and 46 (consumer protection) of the Constitution of Kenya.
The judgement reads, “The court finds the petitioner’s rights… were infringed by the acts and/or omissions of the respondent.”
The decision underscores the fact that suspicion of theft cannot nullify a person’s constitutional protections.
“A search carried out in a manner that exposes a customer to public shame is incompatible with the rights of dignity and privacy,” the judgement held.
KSh 500,000 damages
Though Kagwiria sought KSh 4 million in damages, the court awarded KSh 500,000 in nominal damages, citing no independent witnesses or medical evidence of trauma but nonetheless acknowledging a rights violation.
The cost order was also granted: Cleanshelf Supermarket must bear the petitioner’s costs.
This ruling sets a precedent for retailers across Kenya: loss-control measures must not trample constitutional rights.
Why it matters
For retailers, the message is clear and urgent: internal policies must align with constitutional protections or face legal consequences.
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For shoppers, this ruling is a potent reminder: rights of dignity and privacy do not stop at the checkout line.
The judgement underscored: “The respondent’s duty is not extinguished by suspicion; it is activated by it.”
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