Celebrated rapper and singer, Ogengu Nyamwari, popularly known as Nyashinski, has found himself as a defendant in a court case involving music royalties. The suit filed by Sammy Are, a Nairobi-based music producer, involved returns accumulated from a multi-million Tecno Kenya Limited project.
The Court Case
In their initial submission, Sammy accuses the former Kleptomaniac lead singer, of withholding his share of payment from the song Wach Wach. The accused used the song in his Tecno Camo 20 endorsement and advertising campaign without consent and compensating the producer.
Sammy, a Nigerian, produced the hit song, and according to their split sheet, he is entitled to a 50/50 share but Nyashinski has not been cooperative.
Nyashinski maintains that he did not need to inform Sam as he owned 100% of the masters for the song. He further argued that the suit was in bad taste and instituted against non-parties and should be dismissed with costs. The non-parties here refer to GETA International Company Limited which owns the copyrights to the song and not Nyashinski, which is not a party to this suit.
Where Are The Papers?
Through his lawyer David Katee, Sammy is asking the courts to compel Nyashinski and his team to produce the Tecno Kenya LTD contract. He further wants all bank transactions involving the deal laid bare. They argued that this would be crucial in the determination of the case at hand.
Nyashinski through his attorney contested the application saying his client had signed a non-disclosure agreement (NDA) with the telecommunications company. Such action would therefore be in contradiction with the law.
Which Way Forward
In her wisdom, Magistrate Selina Muchungi ruled on the matter on Friday, August 9th, 2024. She ruled in favor of the music producer and asked the singer and his team to produce the controversial contract documents.
“The application is dated on 15th April 2024. I looked at the response of the first defendant (Nyashinski). I also looked at the submission and authorities the parties relied on, the grounds and principles that cover such an application and I found out that the documents sought to be discovered are relevant and necessary in determining this matter of this suit. The application is merited, as prayed for. The date for pre-trial is 25th of September 2024.” She ruled.
The Now You Know hitmaker is set to furnish the courts with the documents as ruled. He is also set to produce royalty documents for four other songs that Sam produced for him, for which he claims he hasn’t received any cent from the singer.
