The High Court has suspended a ruling compelling Kenyan musician Nyamari Ongegu alias Nyashinski to make public a multi-million shilling contract he signed with a global smartphone brand, TECNO.
Nyashinski told the High Court that exposing the deal including how much he was paid would breach a non-disclosure clause and also reveal his trade secrets hence exposing him to losses.
The brand ambassador deal believed to be lucrative was signed in May 2023 and saw Nyashinski become the face of Tecno Camon 20.
A payout from this deal is at the centre of a lawsuit Nigerian music producer Sam Are Eliapenda Jedidah has filed against Nyashinski in the magistrate court in Nairobi.
Sam Are has accused Nyashinski of copyright infringement of the song Wach Wach , which was part of the brand ambassador deal.
Although Nyashinski owns 100 percent of the master rights to the record, Sam Are produced the hit which saw the two artists split the publishing rights to the song 50/50.
Based on the split sheet (a written agreement outlining how ownership and royalties are divided among collaborators on a song), Sam Are argues in court that he is entitled to a percentage of the millions Nyashinski made from the endorsement deal.
The music producer had asked the magistrate court to compel Nyashinski to produce the contract, arguing that the contents of the document were necessary and relevant for the fair determination of his copyright infringement suit.
The magistrate's court on August 9, 2024, agreed with the producer and ordered Nyashinski to produce the multi-million shilling contract.
Magistrate Selina Muchungi ruled that she found the contract sought necessary and relevant to the fair determination of the suit.
Aggrieved by the ruling compelling him to reveal the details of the contract and payments, Nyashinski filed an appeal at the high court on August 21, 2024.
Last week, the high court granted temporary orders suspending the execution of the magistrate court’s directive pending hearing and determination of his appeal.
“On a careful consideration of the application there is no doubt that the Applicant (Nyashinski) stands to suffer loss if no orders are granted in the event the appeal succeeds. That is so because the fear the applicant has will be long realized with no possibility of reversal.
Once the documents are released on discovery, then the process intimated to by the applicant will automatically be set in motion. The application therefore is merited. There be a stay of execution of the ruling delivered by Hon Selina Muchungi pending determination of the appeal,” Justice Antony Mrima ruled on April 30, 2025.
Nyashinski had challenged the magistrate court’s order arguing Sam Are had not given a valid reason as to why he needed the contract which is subject to a non-disclosure agreement between him and Tecno and to which the producer is not party to.
Nyashinski further argued the magistrate failed to provide directions, safeguards, and/or mechanisms to ensure that his personal data, financials, legal obligations, and personal brand are protected from blackmail, extortion, exploitation, fraud, and abuse.
The musician also faulted the magistrate for incorrectly extending the scope of privity of the contract by allowing the music producer to seek the documents he has no contractual rights to, insisting that the contract document does not bear material connection to the core issue of the case.
In his affidavit, Sam Are argued that availing the contract is crucial in determining the losses he has suffered as far as his 50 percent publishing rights of the song Wach Wach , which was heavily used in the promotion of the Tecno Camon 20 is concerned.
During the trial, the Nigerian had accused Nyashinski of contradiction, having told the magistrate court that there existed no such contract as he was paid in cash. Both parties have been asked to file submissions with the matter set for a hearing next month.
