A Kenyan court has ruled in favor of veteran musician Hubert Mbuku Nakitare, popularly known as Nonini, in a defamation lawsuit against Ezekiel Mutua, the former chief executive of the Kenya Film Classification Board. The court ordered Mutua to pay Nonini KSh3 million in damages, comprising KSh2.5 million in general damages and KSh500,000 in exemplary and aggravated damages. The ruling was made by Milimani Commercial Magistrate James Gitau on October 26, 2026.
The dispute between Nonini and Mutua stems from Nakitare's departure from the Music Copyright Society of Kenya in May 2022. Nakitare had been a member of the collection management organization for 24 years but claimed to have received no substantial royalty payments. In January 2024, MCSK announced plans to distribute a flat fee of KSh20,000 in royalties to each member, sparking public outcry from Kenyan artists over low pay.
During the controversy, Nakitare shared financial records from a letter written by Mutua to the Kenya Copyright Board, revealing that MCSK collected KSh109 million in royalties between January and December 2023, while spending KSh57 million on employee salaries. Mutua responded with comments that Nakitare deemed defamatory, which were later expanded upon during a radio interview.
Nakitare told the court that Mutua's public statements were malicious, false, and intentionally targeted his professional standing. Mutua denied the defamation claims, arguing that Nakitare made blanket accusations and that the suit held no merit. However, Magistrate Gitau rejected the defense, concluding that Mutua's public statements unfairly targeted Nakitare's character.
The magistrate noted that the wide reach of social media and broadcast radio worsened the harm to Nakitare's public standing. The court ruled that Nakitare proved his case on a balance of probabilities, citing past legal precedents where courts awarded KSh1.5 million to KSh2 million for severe reputational damage.
Considering Nakitare's status as a prominent public figure and the potential far-reaching impact of the remarks, the court finalized the total compensation at KSh3 million alongside legal costs. Mutua was also ordered to delete all defamatory statements from his social media accounts within 14 days.
The ruling marks a significant victory for Nonini, who has been a prominent figure in the Kenyan music industry for many years. The case highlights the importance of protecting individuals' reputations, particularly in the public eye.
Key points
- The court awarded Nonini KSh3 million in damages, comprising KSh2.5 million in general damages and KSh500,000 in exemplary and aggravated damages.
- The dispute stems from Nakitare's departure from the Music Copyright Society of Kenya and the subsequent public outcry over low royalty payments to artists.
- Mutua was ordered to delete all defamatory statements from his social media accounts within 14 days and cover the full costs of the legal proceedings.
