Former Music Copyright Society of Kenya (MCSK) chief executive Ezekiel Mutua has been ordered to pay veteran Kenyan musician Hubert Nakitare, popularly known as Nonini, KSh 3 million after a Nairobi court found that remarks he made about the rapper were defamatory.
In a judgment delivered on Monday, October 26, Milimani Commercial Magistrate James Gitau awarded Nonini KSh 2.5 million in general damages and a further KSh 500,000 in exemplary and aggravated damages.
The court also ordered Mutua to remove the statements found to be defamatory from his social media account within 14 days of the judgment and to pay the costs of the suit.
The ruling marks a significant development in a dispute that began in early 2024 amid disagreements over music royalties, financial transparency and the management of artists’ earnings at MCSK, the collective management organisation responsible for collecting and distributing royalties to musicians and other rights holders.
According to reporting by Citizen Digital and Pulse Kenya, the court found that the disputed remarks could damage Nonini’s reputation by portraying him as a fugitive who had left Kenya to evade the law.
Court finds remarks damaging to Nonini’s reputation
In its determination, the court held that the statements complained of had the potential to lower the musician’s standing in the eyes of reasonable members of society.
The court was persuaded that the remarks portrayed Nonini as someone living outside Kenya to avoid legal consequences, an implication it considered damaging to his public image.
The magistrate found that Nonini had established his defamation case on a balance of probabilities, the standard of proof applicable in civil proceedings.
The KSh 3 million award comprises compensation for reputational harm and additional damages. General damages are intended to compensate a claimant for the harm suffered, while exemplary and aggravated damages address circumstances warranting an additional award under the law.
The court’s orders require Mutua to take down the offending statements within the stipulated period. The judgment also makes him liable for the costs of the legal proceedings.
How the dispute began
The legal battle traces its origins to a public disagreement over the management and distribution of music royalties at MCSK.
In May 2022, Nonini announced his departure from the organisation after approximately 24 years as a member, citing dissatisfaction with the royalty payments made to artists.
Tensions intensified in January 2024 when MCSK announced a royalty distribution of KSh 20,000 per member, prompting criticism from some musicians over the amounts they received.
Nonini subsequently shared information on social media concerning MCSK’s financial affairs. He maintained that a letter dated January 2024, addressed by Mutua to the Kenya Copyright Board (KECOBO), contained details about the organisation’s collections, expenditure and royalty distributions.
According to a February 2024 report by Kenyans.co.ke, the musician’s lawyers accused Mutua of making defamatory remarks on his personal X account, including allegations that Nonini had been involved in the misappropriation of musicians’ funds.
One of the statements attributed to Mutua described Nonini as a fugitive and alleged that he and others had been reported to police over claims of embezzlement. These were allegations made during the dispute, not independently established findings of criminal wrongdoing by Nonini.
The disagreement subsequently escalated into a defamation suit.
Mutua denied defamation
During the dispute, Mutua rejected allegations that he had defamed the musician and disputed Nonini’s claims concerning MCSK’s financial affairs.
Contemporary reporting by The Kenya Times in February 2024 indicated that Mutua had challenged the authenticity and interpretation of documents circulated during the royalties controversy.
The defence position was that the case lacked merit and that allegations made against MCSK could not be substantiated as presented.
However, according to reports on the October 26 judgment, the court was not persuaded by Mutua’s defence and found that Nonini had proved his case on the balance of probabilities.
The ruling concerns the specific statements challenged in the defamation proceedings. It should not be interpreted as a finding that every allegation made during the wider dispute over music royalties was true or false.
Nonini reacts to the ruling
Following the judgment, Nonini took to X to comment on the outcome, expressing satisfaction with the damages awarded.
Pulse Kenya reported that the musician posted: “Imm’a need that by Monday! Game is Chess not Checkers! #Mgenge2ru.”
The post reflected his reaction to the court’s decision after the prolonged dispute over the remarks.
For Nonini, the award provides legal redress for statements the court found had the potential to harm his reputation. For Mutua, the ruling imposes a financial liability and a requirement to remove the offending social media content within the period set by the court.
The available reports did not establish whether Mutua had filed an appeal by October 27, 2026. Any subsequent appeal or stay of execution would need to be confirmed separately.
The KSh 3 million award brings a major legal development to a dispute that began with disagreements over the treatment of musicians and the transparency of royalty payments.
It also underscores the importance of verifying allegations before publishing them, especially when they concern a person’s reputation or imply criminal conduct.
With Mutua ordered to remove the offending statements and pay damages and legal costs, attention now turns to compliance with the court’s orders and whether any further legal action will follow.
