Quickmart Ordered to Compensate Shopper Falsely Accused of Theft After False Alarm and Unlawful Search

The High Court in Kenya has ordered Quickmart Supermarket to compensate a customer after he was wrongly treated like a thief following a faulty alarm at the store.

The case involved William Rasowo, who had finished shopping and was leaving the supermarket when a security alarm suddenly went off. Security guards quickly stopped him and carried out a search in front of other shoppers, suspecting that he had stolen items. However, nothing illegal was found on him.

Earlier, a lower court had dismissed the case, saying there was no enough evidence to prove defamation. But the High Court reviewed the matter and reached a different conclusion.

According to the judge, the public search made other people believe that the shopper had stolen something. This alone was enough to damage his reputation, even though the suspicion later turned out to be false.

The court explained that while supermarkets use alarms to prevent theft, they must ensure that innocent customers are not embarrassed. A faulty system, the judge said, cannot be used as an excuse when a person’s dignity is affected.

It was also noted that being searched in public can easily make bystanders assume guilt. The court added that even the short time between the alarm and the confirmation of innocence can cause shame, fear, and emotional distress.

Quickmart had argued that the alarm malfunctioned, but the court rejected this defence. The judge stated that businesses have a responsibility to maintain their systems and protect customers from unnecessary harm.

In the end, the court awarded Rasowo KSh10,000 in damages. The amount was kept low because the incident did not last long and he was eventually cleared of any wrongdoing.

Quickmart was also ordered to pay the legal costs for both the initial case and the appeal.