Ezekiel Mutua’s remarks have now cost him Sh3 million after being found guilty of defamation against US-based Kenyan rapper Hubert Nakitare alias Nonini.
A Nairobi court has ordered the former chief executive officer of the Music Copyright Society of Kenya (MCSK) to pay the musician Sh2.5 million in general damages and a further Sh500,000 in exemplary and aggravated damages over social media posts in which he branded the rapper a fugitive and accused him of embezzling musicians’ money.
“I have considered the authorities cited on issuance of damages and in comparative authorities to this instance, I note that general damages of Sh2,500,000 would be sufficient for the plaintiff. A further award of exemplary and aggravated damages of Sh500,000 to the plaintiff. This brings the total award to Sh3,000,000,” ordered Magistrate James Gitau.
Dr Ezekiel Mutua. He has been ordered to pay Sh27 million.
Photo credit: Wilfred Nyangaresi | Nation Media Group
The magistrate also directed Mutua to pull down the offending remarks from his social media account. The dispute between the two traces its origin to January 2024 when MCSK, under the leadership of Mutua, then announced that it was going to distribute a Sh20 million royalty collection to its 1600 members.
Nonini, who had quit MCSK membership in May 2022, told the court that following the announcement by Mutua, he came across a document that showed MCSK had collected way more millions than they intended to distribute. He took issue with the society’s handling of royalties and decided to whistleblow by exposing his findings through his social media accounts on what he believed were troubling financial figures.
Nonini, the veteran Kenyan rapper known as the “Godfather of Genge,” rose to prominence in the early 2000s with hits such as “Manzi wa Nairobi”, “We Kamu”, “Keroro” and “Furahi Day”, helping popularise a distinctly Kenyan urban sound blending hip-hop, Swahili and Sheng.
According to court documents, the rapper said he had obtained a letter dated January 29, 2024, written by Mutua to the Kenya Copyright Board (Kecobo), the industry regulator. The letter reportedly detailed the society’s collections, distributions and other expenses.
Nonini told the court that MCSK had collected Sh109 million in royalties between January and December 2023, and spent Sh57 million paying employees’ salaries. He said he took his concerns to social media to alert musicians and the public about the handling of the money.
But the online exchange took a personal turn when Mutua responded with a post branding the rapper a fugitive, accusing him of fleeing the law and alleging that he had embezzled musicians’ money when he served as a director of the Music Publishers Association of Kenya (Mpake) and PRISK, other collective management organisations.
Kenyan artiste Hubert 'Nonini' Nakitare.
Photo credit: Courtesy
He further claimed that Nonini had circulated a fake document purporting to show MCSK’s official accounts, alleging that it had been lifted from Mpake’s 2017 to 2019 accounts and doctored. Mutua also said the matter had been reported to police and that prosecution was being pursued.
Nonini argued that the remarks portrayed him as a criminal evading justice by living in the US, damaging his reputation and exposing him to public ridicule. He also told the court that Mutua repeated the allegations during an interview on local radio station Hot 96.
“The court is persuaded that such remarks are likely to cause reputational damage as they have the effect of painting the plaintiff as a fugitive who is outside the country in a bid to evade the law,” the magistrate said, siding with the rapper’s argument.
According to the judge, the remarks had been published and were likely to lower the rapper’s standing in the eyes of the public.
This becomes the latest setback to Mutua, whose time as Kenya Film Classification Board and MCSK CEO has been riddled with court battles.
Mutua is currently battling another case before the Ethics and Anti-Corruption Commission (EACC), which is seeking to recover Sh27 million from him.
The anti-graft watchdog filed a case against him, alleging that Mutua illegally bumped up his pay by Sh27 million through irregular salary hikes and entertainment allowances not provided for in law when he served as KFCB CEO.
The rapper has also pursued other legal disputes, including a copyright infringement case involving influencer Brian Mutinda and Chinese electronics brand Syinix, in which the court awarded him Sh4 million in damages.
