Former Kenya Film Classification Board (KFCB) chief executive Ezekiel Mutua has been ordered to pay musician Hubert Mbuku Nakitare, popularly known as Nonini, Sh3 million after a court found that remarks he made about the artist were defamatory.
Milimani Commercial Magistrate James Gitau awarded Nonini Sh2.5 million in general damages and a further Sh500,000 in exemplary and aggravated damages in a judgment delivered on October 26, 2026.
The court also directed Mutua to remove the statements found to be defamatory from his social media account within 14 days and ordered him to pay the costs of the suit.
In his ruling, Magistrate Gitau held that the remarks had the potential to damage Nonini’s reputation by portraying him as a fugitive who had left Kenya to evade the law. The court found that the statements had been published and were likely to lower the musician’s standing in the eyes of the public.
The case arose from a public dispute between the two in February 2024 over allegations concerning the management of musicians’ royalties and Nonini’s involvement in music industry organisations.
At the time, Mutua was the chief executive of the Music Copyright Society of Kenya (MCSK), which collects and distributes royalties to musicians. The disagreement followed public criticism of royalty payments made to artists and questions about how the society managed the money collected on their behalf.
Nonini, who had been a member of MCSK for 24 years, left the society in May 2022, citing a lack of substantial royalty payments despite his long career in the music industry.
In January 2024, MCSK announced a royalty distribution that triggered criticism from musicians and members of the public over the amounts artists were receiving. Nonini subsequently shared information about the society’s finances on social media, prompting a public exchange with Mutua.
Mutua accused the musician of embezzling money intended for artists when he served in music industry organisations and referred to him as a fugitive. Nonini disputed the allegations, maintaining that he had not fled the country to evade the law and challenging the claims made against him.
The musician demanded that Mutua remove the disputed posts and issue an unconditional apology, warning that legal action would follow if his demands were not met.
Mutua disputed the accusations against him and denied that he had defamed Nonini, according to reports published during the dispute.
The court has now awarded Nonini a total of Sh3 million in damages, comprising compensation for reputational harm and additional exemplary and aggravated damages.
Mutua is required to comply with the order to remove the disputed statements within 14 days of the judgment. He must also pay the costs of the case, as directed by the court.
