Kenyan singer Joseph Mwaura Mutoriah, popularly known as Mutoriah, has taken legal action against content creator Karanja Wambui, also known as Foi Wambui, and smartphone manufacturer Oppo Kenya. The case revolves around the alleged unauthorized use of Mutoriah’s song “Beta” in a marketing campaign promoting the OPPO Reno 12 5G device.
According to a demand letter from Mutoriah’s legal team, dated September 10, 2024, Foi Wambui is accused of using the song without permission in a promotional video posted on her Instagram account around August 31, 2024. The letter claims that the use of the song without securing a synchronization license violated the Kenya Copyright Act Cap 130.
The video, which was heavily promoted by Oppo Kenya as a sponsored post for six days, is alleged to have used Mutoriah’s intellectual property for commercial purposes without proper authorization. The letter stresses that synchronization rights were infringed, and a license should have been obtained.
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Mutoriah’s legal team further claims that both Foi Wambui and Oppo Kenya deleted the video from their social media platforms after being contacted about the infringement, which they interpret as an “admission of guilt.” As part of the demand, Mutoriah is seeking a public apology from both parties on their social media platforms within two days, warning that failure to comply could result in formal legal proceedings.
His legal representatives have indicated that discussions on damages will follow once guilt is admitted, potentially setting the stage for a landmark copyright case in Kenya.
