Court awards Nonini Sh4 million settlement

The celebrated Gengetone musician Nonini has been awarded a landmark settlement of over Sh4,000,000 in a 2023 copyright infringement case.

Sources close to the artiste have exclusively revealed that the musician, real name Hubert Nakitare will receive the hefty sum, plus interest and the cost of suit from the day the judgment was made. The interest is calculated at 12 per cent per annum.

This comes after the Milimani Commercial Magistrate Court made a March 2023 judgement in the artiste’s favour after a social media influencer used words off the lyrics of Nonini’s 2003 track We Kamu in an advertisement.

Social media influencer Brian Mutinda used the popular phrase in a promotional video for Syinix Electronics Ltd without the consent and authorization of the artiste.

Both Mr Mutinda and the electronics company had been listed as respondents on the suit, and the award issued after they failed to appear in court.

Nonini opened up about his quest for justice on several social media posts, writing on X: “Syinix electronics have decided to do a very brilliant advert using my song We Kamu. The only problem is they didn’t ask for permission.”
At the time, Nonini expressed optimism and satisfaction with the results of the suit, taking to social media to write that it was a historic date in Kenya’s entertainment and creative scene.

“Today March 23 2023, will go down in history (Year of The Jordan) and is a win for the Kenyan music industry. #Mgenge2ru Verses the people who used my song to push a product.”
He added: “Copyright shall be respected.”

Our exclusive source said: “The courts have once again done a landmark ruling which has set precedence in the Kenyan creative space. Nonini was represented by the number one entertainment and copyright lawyer David Katee.”
The judgement was delivered by Hon Hosea Mwangi Nganga who said that the actions of Syinix Electronic and Mr Mutinda constituted copyright infringement of Nonini’s composition.

“An author has the moral right to claim ownership of and approve use of their work in a manner they deem fit. By failing to seek licensing for approval for use of the copyright, the moral rights of the Plaintiff were infringed,” Hon Hosea Mwangi said while delivering the judgement.

He added: “A declaration is hereby issued that the 1st and 2nd Defendants are jointly and severally liable for copyright infringement by illegal synchronization and illegal publishing of the Plaintiff’s song.”