Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search

 Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search

The High Court in Kiambu has found Cleanshelf Supermarket Limited liable for violating the dignity and privacy of a customer after she was subjected to a public bag search inside one of its branches. 

In a judgment delivered on October 31, 2025, Justice A. Mshila ruled that the supermarket failed to follow its own internal loss control procedures, resulting in an unlawful and humiliating experience for the customer, Evelyn Kagwiria Anampiu.

“The manner in which the search was conducted was improper and amounted to a violation of the Petitioner’s rights to dignity and privacy as enshrined in the Constitution,”stated Justice A. Mahila.

The petitioner told the Court that she was stopped and searched in full view of other customers, attracting unnecessary public attention and causing her embarrassment. She argued that the conduct of the supermarket staff infringed on her rights as enshrined under Articles 28, 31 and 46 of the Constitution, which protect human dignity, privacy and consumer rights.

In response, the supermarket maintained that the search was routine and conducted in accordance with its loss control policy. 

However, the Court noted that the supermarket’s own procedures require searches to be conducted in a private area and in the presence of a manager. 

Evidence presented showed that the search was carried out in a public space and only one staff member was present, contrary to established protocol.

Justice Mshila stated that while businesses are allowed to conduct security checks to prevent theft, such measures must be handled in a way that respects the customer’s dignity. 

The Court further concluded that the manner in which the petitioner was searched was improper and amounted to a violation of her constitutional rights.

Although the petitioner had sought Ksh 4 million in damages for emotional distress, the Court awarded Ksh 500,000 in nominal damages, noting that she did not provide witness testimony to substantiate the extent of psychological harm. Cleanshelf was also ordered to pay the costs of the petition.

The case stems from a widely circulated video that emerged online in mid-2023 showing a woman being publicly searched by supermarket staff at a Cleanshelf branch.

In the video, the woman later identified as Evelyn Kagwiria Anampiu is seen standing near the payment area while an attendant goes through her handbag, with shoppers observing the scene.

Following the public uproar, the petitioner reported the matter to authorities and moved to Court, arguing that the search amounted to humiliation and a violation of her constitutional rights.