Music Copyright Society of Kenya (MCSK) chief executive Ezekiel Mutua has urged restraint and dialogue in the ongoing disputes over alleged copyright infringements involving Ukambani artists, warning that rushing to court could harm both emerging and veteran musicians.
Mutua said the heated debate should be addressed through the intervention of industry elders and veterans rather than immediate legal action.
He welcomed the involvement of prominent creatives such as comedian and producer Daniel Ndambuki (Churchill) and music executive Toby Bisengo, noting that their engagement reflects the value of mediation within the creative sector.
Drawing from his experience at MCSK and as a former director at the Kenya Copyright Board (KECOBO), Mutua said similar disputes have previously been resolved amicably through structured dialogue.
He recalled cases where emerging artists faced severe consequences, including one incident in which a young musician was arrested and forced to sell ancestral land to pay a hefty fine after using lyrics and snippets from a veteran’s song recorded nearly four decades ago.
He noted that such tensions are not unique to Ukambani, citing similar cases in the Mt Kenya region where upcoming artists adapted classic works for club and radio play, sometimes gaining popularity while leaving original creators feeling shortchanged.
Mutua acknowledged that Kenya’s Copyright Act (Cap 130) clearly defines infringement as a serious offence punishable by law.
However, he cautioned that strict enforcement without considering market realities could end up damaging the very artists the law is meant to protect.
“In practice, we have had to balance the letter of the law with the realities of the music market,” he said, adding that globally, legendary artists such as Michael Jackson and Bob Marley earned substantial income from adaptations and reinterpretations of their work, sometimes surpassing earnings from original releases.
He observed that in the digital era, algorithms thrive on engagement, with younger creatives often reviving older hits and generating renewed revenue streams that ultimately benefit original rights holders.
According to Mutua, outright bans on adaptations could stifle creativity, limit exposure, and reduce monetisation opportunities.
While insisting that permission remains a legal requirement before using another artist’s work, Mutua argued that enforcement must be nuanced.
He warned copyright owners against appearing overly aggressive, saying excessive litigation could amount to “self-sabotage” in an industry that depends on collaboration and ecosystem thinking.
Mutua also reminded artists and their heirs that copyright protection extends for the lifetime of the creator plus 50 years, with royalties passing to managers or beneficiaries.
He said those entrusted with such rights must understand both the law and the market to maximise returns.
He urged stakeholders to prioritise amicable solutions when disputes arise, arguing that wisdom from elders, managers and industry veterans should take precedence over court battles.
