By Maureen Mutisya
The Ukambani media landscape found itself in a state of confusion, grappling with compliance issues stemming from the posthumous musical legacy of Charles Musyoki Kikumbi, popularly known as Kimangu. Two decades after his passing, a resurgence in the popularity of his songs by contemporary artists has brought copyright considerations to the forefront, particularly due to claims made by his widow, Marrietta Musyoki, to the effect that media houses were violating copyright regulations to her late husband’s music. This situation amplified the critical need for media houses to understand and adhere to copyright regulations, ensuring both legal compliance and fair recognition for creators and their estates.
The confusion in the region is palpable, illustrating a significant lack of clarity regarding how Kimangu’s specific works should be used by the media or not, especially given the historical context and the current claims by his widow. This uncertainty is echoed by media personalities themselves. For instance, on January 22, during his “Singila” show on Kamba FM, Bosco Ndetei, alias Ututi wa Kyuma, openly expressed his confusion, stating he was unsure whether it was permissible to continue playing Kimangu’s band music. Similarly, DJ Noma Noma of Musyi FM, who regularly plays songs by the late Charles Musyoki, has also voiced his dilemma, now uncertain about the legality of featuring these beloved tracks. This is an indication that the ongoing copyright claims by the artist’s widow is a challenge, reflecting the wider uncertainty affecting broadcasters within the Lower Eastern region.
As the issue continues to attract public attention, it is important to note that the situation also raises important ethical considerations under the Media Council of Kenya Code of Conduct. Article 10(d) on accuracy requires journalists and media houses to respect copyright and authorship rights by appropriately attributing all borrowed materials. For compliance of the media houses, it is important to clearly distinguish between ownership claims and established copyright licensing frameworks governing broadcasting in Kenya.
Under Kenyan copyright law and regulatory practice, media houses are permitted to broadcast music provided they obtain the appropriate licences and remit the required fees to the relevant collective management organization, which is the Music Copyright Society of Kenya (MCSK) that administers composers’ and authors’ rights. While heirs or estates may have legitimate claims over ownership or royalties, such claims do not, on their own, invalidate the existing licensing system under which broadcasters operate. Media houses that are compliant with Music Copyright Society of Kenya licensing requirements are, therefore, operating within the law and should not be unduly restricted from airing music based on unresolved private disputes.
The MCSK boss Ezekiel Mutua weighed in on the matter: “The heated debate over alleged copyright infringement among Ukambani artists calls for intervention from industry, elders and veterans rather than jumping straight to legal action…” Mutua in a social media post claimed the concerns are widespread even as he highlighted some of the effort the organization was involved in to address them
Media outlets are encouraged to uphold professional and ethical standards, ensure proper attribution of creative works, and avoid content that may mislead audiences on matters of copyright law. Media houses are further required to comply with the licensing requirements of the Music Copyright Society of Kenya, which enables broadcasters to lawfully air music content while adhering to the Media Council of Kenya Code of Conduct. Article 10 on accuracy which requires that journalists and media houses must respect copyright and authorship rights by appropriately attributing all borrowed materials, thereby promoting clarity, accountability, and ethical journalism.
Maureen Mutisya is a media analyst at the Media Council of Kenya
