Nonini Wins KSh3 Million Defamation Case Against Ezekiel Mutua

A court has ordered former Kenya Film Classification Board (KFCB) chief executive Ezekiel Mutua to pay veteran musician Hubert Mbuku Nakitare, widely known as Nonini, KSh3 million in damages following a successful defamation lawsuit.

Milimani Commercial Magistrate James Gitau awarded Nakitare KSh2.5 million in general damages and KSh500,000 in exemplary and aggravated damages. In the October 26, 2026, ruling, the magistrate ordered Mutua to delete all defamatory statements from his social media accounts within 14 days and cover the full costs of the legal proceedings.

Roots of the Legal Battle

The high-profile dispute stems from Nakitare’s departure from the Music Copyright Society of Kenya (MCSK) in May 2022. Despite belonging to the collection management organization for 24 years, the celebrated artist noted that he had received no substantial royalty payments over his long and successful music career.

Frustrations boiled over in January 2024 when MCSK announced plans to distribute a flat fee of KSh20,000 in royalties to each member, sparking widespread public outcry from Kenyan artists over low pay. During the controversy, Nakitare obtained a January 29, 2024, letter written by Mutua to the Kenya Copyright Board (KECOBO). The letter detailed MCSK’s financial breakdown, including its total collections, distributions, and administrative spending.

Financial records revealed that MCSK collected KSh109 million in royalties between January and December 2023, while spending KSh57 million on employee salaries. Nakitare shared these figures on social media platforms to highlight how the society managed money collected on behalf of local musicians.

Defamatory Remarks and Defense Arguments

Following the revelation, Mutua responded on X (formerly Twitter) with comments that Nakitare deemed defamatory. Mutua later expanded on these remarks during a radio interview. Nakitare told the court that the public statements were malicious, false, and intentionally targeted his professional standing.

Mutua denied the defamation claims and rejected allegations of widespread corruption or royalty theft within MCSK, arguing that Nakitare made blanket accusations and that the suit held no merit.

Court Rules in Favor of Nonini

Magistrate Gitau rejected the defense, concluding that Mutua’s public statements unfairly targeted the artist’s character by painting him as a criminal hiding overseas.

“From a perusal of the remarks complained of, this court is persuaded that such remarks are likely to cause reputational damage as they have the effect of painting the plaintiff (Nakitare) to be a fugitive who is outside the country in a bid to evade the law,” the court ruled.

The magistrate noted that the wide reach of social media and broadcast radio worsened the harm to the US-based rapper’s public standing.

“These remarks were indeed published and are likely to lower the image of the plaintiff herein in the minds of right-thinking members of society,” the judgment states.

Ruling that Nakitare proved his case on a balance of probabilities, Magistrate Gitau cited past legal precedents where courts awarded KSh1.5 million to KSh2 million for severe reputational damage. Considering Nonini’s status as a prominent public figure and the potential far-reaching impact of the remarks, the court finalized the total compensation at KSh3 million alongside legal costs.

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