Musician Hubert Mbuku Nakitare, popularly known as Nonini, has won a Ksh.3 million defamation case against Music Copyright Society of Kenya (MCSK) Chief Executive Officer Ezekiel Mutua after a Nairobi court found that remarks published by the official damaged the artist’s reputation.
In a judgment delivered on October 26, 2026, Milimani Commercial Magistrate J. Gitau awarded Nonini Ksh.2.5 million in general damages and an additional Ksh.500,000 in exemplary and aggravated damages.
The court also ordered Mutua to remove the disputed statements from his social media account within 14 days and pay the costs of the suit.
Dispute Began With Questions Over Music Royalties
The case stemmed from comments Mutua allegedly made on social media and during an interview on Hot 96 FM after Nonini raised concerns about royalty payments and the management of funds collected by MCSK.
According to the judgment, Nonini had been a member of the collective management organisation for approximately 24 years before leaving in May 2022, citing dissatisfaction with the royalties he had received.
The dispute escalated in January 2024 after MCSK announced plans to distribute Ksh.20,000 in royalties to its members, whose numbers were reported to be approximately 16,000.
Nonini subsequently questioned the organisation’s financial management, claiming that MCSK had collected about Ksh.109 million in royalties between January and December 2023, while approximately Ksh.57 million went towards staff salaries.
The judgment states that Nonini obtained a letter dated January 29, 2024, which Mutua had addressed to the Kenya Copyright Board, detailing the society’s collections, distributions and other expenditure.
Nonini maintained that he shared the information to draw attention to how royalties collected on behalf of musicians were being handled.
Court Examines Alleged Defamatory Remarks
Nonini accused Mutua of responding with statements suggesting that he was evading the law and had relocated to the United States to escape legal consequences.
The musician argued that the remarks were malicious and had damaged his reputation.
Mutua denied defaming Nonini, maintaining that allegations of corruption and theft of royalties at MCSK were unfounded. He also disputed Nonini’s explanation for leaving the society.
In determining the case, the court considered whether the statements were defamatory, whether Mutua had published them and whether they were likely to harm the musician’s reputation.
Magistrate Gitau found that the remarks could portray Nonini as a fugitive who had left Kenya to avoid the law.
“I am persuaded that the plaintiff has proved their case on a balance of probabilities,” the judgment states.
Court Awards Ksh.3 Million in Damages
In determining compensation, the court considered previous defamation cases and the potential reach of the statements, taking into account Nonini’s public profile.
Magistrate Gitau awarded Ksh.2.5 million in general damages and a further Ksh.500,000 in exemplary and aggravated damages, bringing the total compensation to Ksh.3 million.
Mutua was also directed to remove the impugned statements from his social media account within 14 days and meet the costs of the proceedings.
The judgment concludes the defamation dispute at the Milimani Commercial Magistrate’s Court, with the orders requiring Mutua to compensate Nonini and remove the disputed remarks.
