Court Orders Ezekiel Mutua to Pay Nonini Sh3m Over Social Media Defamation

Former Kenya Film Classification Board (KFCB) chief executive Ezekiel Mutua must pay musician Nonini Sh3 million for defamation, a Nairobi court has ruled.

Milimani Commercial Magistrate James Gitau found that Mutua published defamatory remarks on social media and made further false claims during a radio interview. The magistrate said the statements painted the musician as a fugitive fleeing the law.

The judgment, delivered on October 26, 2026, stems from a dispute over royalty management at the Music Copyright Society of Kenya (MCSK).

In January 2024, MCSK announced it would pay Sh20,000 in royalties to each member. The announcement provoked widespread public criticism from Kenyan artists over low payouts.

Nonini, whose real name is Hubert Mbuku Nakitare, obtained a letter dated January 29, 2024, written by Mutua to the Kenya Copyright Board (KECOBO). The letter detailed MCSK's finances, revealing that the society had collected Sh109 million in royalties in 2023 but spent Sh57 million on staff salaries.

Nonini posted these figures on his social media pages to question how the society managed money collected on behalf of artists. He had previously quit MCSK in May 2022 after 24 years, citing poor royalty earnings despite his long career.

Mutua responded to the posts on X (formerly Twitter) and later repeated his comments on air during a radio interview. He denied defaming Nonini and opposed the lawsuit, arguing that the musician's claims about financial mismanagement were blanket allegations without merit.

Magistrate Gitau rejected Mutua's defence, ruling that the statements were false, malicious, and damaging to the musician's public standing.

"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 to be a fugitive who is outside the country in a bid to evade the law," the magistrate said.

The court awarded Nonini Sh2.5 million in general damages and Sh500,000 in exemplary and aggravated damages. The magistrate noted that Nonini's standing as a public figure amplified the harm caused by the comments.

Mutua was also ordered to remove the defamatory posts from his social media account within 14 days of the judgment and to cover the costs of the court case.