Musician and rapper Nyashinski has lost the first round in a copyright infringement case. He is being sued by Nigerian music producer Sam Are Eliapenda over a multi-million shilling endorsement deal with Tecno Kenya Limited, signed in May 2023. While the deal is reported to be worth Sh12 million, this figure has not been independently verified.
On Friday, August 9th, Honorable Magistrate Selina Muchungi ruled that Nyashinski must produce several documents, including the contract with Tecno, bank transactions, and royalty reports related to the disputed songs. This order follows a request from Sam Are’s lawyer, David Katee, to compel Nyashinski to provide these documents.
Nyashinski’s legal team had previously contested this application, arguing that the plaintiff had not provided a valid reason for needing documents covered by a non-disclosure agreement with Tecno.
In her ruling, Magistrate Muchungi stated, “The application is dated April 15, 2024. I have considered the prayers, grounds, affidavit by the plaintiff, and annexures. I have reviewed the response from the first defendant (Nyashinski), as well as the submissions and authorities cited by both parties.
I found that the documents sought are necessary and relevant for the fair determination of this suit. The application is merited and allowed as prayed. Pre-trial is set for September 25, 2024.”
The contract’s content has become a major point of dispute since Sam Are announced his intention to sue Nyashinski last year. Are alleges that Nyashinski used the hit song “Wach Wach,” which Are produced, to promote and endorse the Tecno Camon 20 without obtaining his consent or compensating him.
Both Sam Are and Nyashinski share equal publishing rights to “Wach Wach,” each holding a 50 percent stake, but Nyashinski retains 100 percent of the master rights to the track. Are contends that, given their publishing rights arrangement, he is entitled to a share of the endorsement deal’s proceeds, but Nyashinski has not cooperated.
“Nyashinski and his legal team must provide all requested documents by September 25, as ordered by the court. On that date, we will proceed to pre-trial and update the court on whether the documents were produced. If not, we may seek a contempt of court ruling,” Katee told Showbuzz.
