Safaricom has asked the High Court to dismiss a lawsuit filed by former news anchor Peter Oyier, who is seeking Sh69 million in compensation for the unauthorised use of his voice in the telecoms giant's services.
Oyier filed the case in 2024, accusing the teleco giant of copyright infringement, alleging that Safaricom has continued to exploit his voice recordings for six years without his consent.
Oyier claims continues to use his voice that guides its high-value platinum customers through its Interactive Voice Response (IVR) system— the familiar voice menu heard whenever clients dial certain USSD codes for premium services.
Oyier, a former Radio Africa Group news anchor, claims Safaricom has kept his voice running on its voice menu long after licensing agreements expired.
He argues that the continued use has not only denied him due compensation but has also effectively locked him out of potential voiceover work with competing brands, causing him severe financial loss.
In a plea to the court filed this week, the telco’s lawyers argue that Oyier has no direct contract with Safaricom and therefore cannot sustain the claim.
“This honourable court be pleased to strike out the suit against the defendant based on the grounds that it does not disclose a reasonable cause of action. There is no privity of contract between the plaintiff and the defendant,” Safaricom stated.
According to the company, its agreements were not signed with Oyier personally, but with two production agencies, MGM Studios and Za Kwetu Productions, which facilitated the recordings.
“The suit is premised on various Model Release Agreements entered into by Safaricom, MGM Studios and Za Kwetu Productions. The defendant was not a party to the said Model Release Agreement,” Safaricom’s lawyers argued, insisting there is no enforceable contractual relationship between Oyier and the telco.
However, Oyier maintains that he licensed his voice through MGM Studios between 2018 and 2022 under a Model Release Agreement covering five projects, including Safaricom Platinum Audio, Neo Home and the Line 400 Revamp.
Under the agreement signed on November 6, 2018, each licence was valid for two years, after which any further use of his recordings required renegotiation.
Oyier claims Safaricom has been evasive about renewing the terms, despite continuing to use his voice on its IVR platform.
The High Court has now given both parties seven days to file responses before issuing further directions.
