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Musician Sues Band And Music Producer for Copyright Theft

A music group and a Nairobi music producer have been summoned to the High Court to show cause why action should not be taken against them for contravening the Copyright Act.

Kimangu Boys Band and Matunda Productions have been enjoined in a civil suit by musician John Sitora, who has accused them of stealing his music copyright.

Kimangu, founded by Mr Musyoki Kikumbi, who died in a road accident last year, is being sued through his widow, Mrs Marietta Musyoki, on behalf of his estate.

Mr Sitora, who produced several hit songs in the 1970s and 1980s mainly in the Kisii vernacular, argues in the suit that the defendants unlawfully adapted his songs both in rhythm and beat to the Kikamba language.

Some of the songs that Mr Sitora has listed as having been illegally produced and released for sale by the defendant include Christopher Monyoncho and John Ochako, which he said were produced under the label Kimangu 12 and 14.

He also lists Gatarina Omosani, which he said the defendants released under the title Marietta Kimangu 15 and Abamura Bagotuguta Enibo released as Kijana Musa under a new label, Kimangu 23.

Mr Sitora, who now works as a watchman in Thika, also said they had continued to benefit financially from the reproduction, selling, distributing and publication of his musical rights. The case is expected to come up before Mr Justice Tom Mbaluto this week.