Hip hop artist Hubert Nakitare, better known as Nonini, has won a legal battle against Japanese company Syinix electronics and influencer Brian Mutinda for using his song without permission, setting a major precedent in Kenya’s influencer economy.
On Thursday, the Milimani Law Courts ordered the defendants to pay Nonini KES 1 million in general damages for infringing on his copyright.
Nonini’s lawyer confirmed that Syinix and Mutinda have been ordered to remove the infringing content from all of their platforms, pay Nonini’s legal fees, and pay interest at the court’s rate.
The case stemmed from a video posted on Mutinda’s Instagram page in April 2022 promoting a new Syinix flat-screen TV.
The video featured Nonini’s hit song “We Kamu,” which was synchronised with the visuals without permission from the artist. The same video was also shared on Syinix’s verified Facebook page.
Nonini filed the lawsuit in August 2022 through his lawyers, demanding compensation and an apology from the defendants. He also shared the court documents on his Instagram page, informing his fans of the legal action.
Syinix denied making any video that infringed on Nonini’s copyright and claimed that it was unaware of any rights associated with the song.
However, the company expressed interest in discussing the possibility of issuing a synchronisation licence for “We Kamu” with Nonini.
Nonini is widely regarded as a pioneer of Kenyan urban music and the godfather of genge. He has released several albums and collaborated with local and regional artists. He is also the founder of P-Unit (Pro-Habo Unit), a multi-award winning rap group.
