In a ruling by Judge James Gitau, Ezekiel Mutua, the former Director General of Music Copyright Society of Kenya (MCSK), has been ordered to pay Sh3 million to musician Nonini for defamation. Nonini, whose real name is Hubert Nakitare, had sued Mutua for making defamatory statements against him on social media. The court ruled that Mutua's statements had damaged Nonini's reputation and ordered him to pay Sh2.5 million in general damages and Sh500,000 in aggravated damages.
The dispute between Mutua and Nonini began in January 2024, when MCSK announced that it would distribute Sh20 million in royalties to its 1,600 members. Nonini, who had left MCSK in May 2022, questioned the amount, citing documents that showed the organization had collected more than the announced amount. He claimed that MCSK had collected Sh109 million in royalties between January and December 2023, with Sh57 million spent on employee salaries.
Nonini, also known as the Godfather of Genge, had published his claims online, calling for transparency in the management of musicians' funds. However, the debate turned into a personal dispute after Mutua labeled Nonini a fugitive and accused him of misusing funds from other copyright organizations. Mutua also claimed that Nonini had distributed fake documents about MCSK's accounts and reported the matter to the police.
Nonini told the court that Mutua's statements had portrayed him as a criminal who had fled to America to evade the law, damaging his reputation. He also stated that Mutua had repeated the claims in an interview with Hot 96 radio station. The judge ruled that Mutua's statements had the potential to damage Nonini's reputation by portraying him as a law evader.
The ruling is another setback for Mutua, who is also facing a case where the Ethics and Anti-Corruption Commission (EACC) wants him to return Sh27 million. The EACC alleges that Mutua inflated his salary and paid himself irregular allowances while serving as Director General of the Kenya Film Classification Board (KFCB).
Mutua was also ordered to remove the defamatory statements from his social media accounts. The case highlights the importance of responsible online behavior and the need for individuals to be mindful of the impact of their statements on others.
Nonini's lawyer welcomed the ruling, stating that it was a victory for musicians' rights and a reminder that individuals should be held accountable for their actions. The case is expected to have implications for the music industry, where disputes over royalties and management of funds are common.
Key points
- Mutua ordered to pay Sh3 million to Nonini for defamation
- Dispute began over MCSK's distribution of Sh20 million in royalties
- Mutua also faces a case with EACC over Sh27 million irregular payments
