The High Court has upheld a ruling awarding Kenyan rapper Hubert “Nonini” Nakitare KSh4 million in damages over the unauthorized use of his hit song We Kamu in an online advertisement.
In its judgment, the High Court declined to overturn findings by the Milimani Chief Magistrate’s Court, stating that the decision was legally sound and supported by the evidence presented. However, the court partially allowed the appeal by absolving content creator Brian Mutinda of liability in the case.
Despite releasing Mutinda, the court ordered that the full decretal amount of KSh4 million, together with costs and interest accrued during the appeal, be paid by Syinix Electronics Ltd., which was named as the second respondent.
The case stemmed from a lawsuit filed by Nonini after his song We Kamu was used in a promotional video without his authorization. In March 2024, Chief Magistrate Hosea Ng’ang’a initially awarded the rapper KSh1 million in damages.
That ruling was later set aside after Mutinda successfully appealed, arguing that he had been denied a fair hearing due to failures by his former legal representatives. The court subsequently ordered a fresh hearing, allowing Mutinda to re-file his defence.
Following the rehearing, the magistrate delivered a new judgment that increased the damages to KSh4 million. Mutinda again appealed, contending that the increased award was unlawful and not supported by additional evidence of loss.
In the original findings, the magistrate ruled that Nonini was the rightful copyright owner of We Kamu and that the infringing advertisement had been published by Syinix Electronics. The court also found that Mutinda had created the video and participated in its publication, noting that he failed to provide contracts or raw footage to prove he was not involved in the use of the copyrighted song.
While the High Court agreed to remove Mutinda from liability, it declined to interfere with the damages awarded, concluding that there was no basis to overturn the lower court’s assessment. As a result, Syinix Electronics remains solely responsible for paying the KSh4 million compensation, plus legal costs and interest.
