Gospel Musician Nashami Ordered to Pay Sh3m for Copyright Infringement

The Milimani Commercial Magistrate’s Court has ordered gospel musician and podcaster Florence Wangara, known as Nashami, to pay Douglas Jiveti Sh3 million for unlawfully reproducing his song Mambo ya Ajabu (Bwana Mungu Wangu Ninakupenda).

The court found that Nashami’s 2016 recording infringed Jiveti’s copyright and was released without his consent. Jiveti composed the song in 1990 and released it in 1992, after which it became widely known within Kenya’s gospel music scene.

Jiveti told the court that Nashami reproduced the song more than two decades later with only minor changes and distributed it on digital platforms including YouTube and Mdundo. He said he had never authorised the remake or its distribution and argued that it was used for commercial gain. He filed the case in May 2024, claiming that the reproduction violated both his economic and moral rights as the composer.

Jiveti’s lawyer, David Katee, said the defendant copied substantial parts of the original work without attribution and altered it in a way that undermined the composer’s moral rights. Nashami denied the claim, stating that her version differed in structure and sound and did not copy the original song.

The magistrate rejected her defence, finding that the similarities were clear. The judgment noted that the repeated use of the phrase “amefanya mambo ya ajabu” and the similar rhythm made the connection obvious to an ordinary listener. The court added that differences in sound quality were due to improved recording technology rather than new creative input.

Jiveti had sought Sh6 million in damages, referring to a 2018 case in which rapper Simon “Bamboo” Kimani was awarded Sh4.5 million against Safaricom. The magistrate said that case involved a corporate defendant and a broader scale of use, and was therefore not directly comparable. In awarding Sh3 million, the court said the amount reflected the period of infringement and the harm caused, while remaining compensatory rather than punitive.

The court said that unauthorised reproductions remain unlawful even where only limited changes are made. It added that copyright protection applies equally in the digital space, where music can be easily shared and monetised without permission.

The magistrate said the damages awarded were proportionate to the loss suffered by the claimant, affirming Jiveti’s rights as the original composer and performer of the song.