Hip-hop star Hubert “Nonini” Nakitare has fired a fresh legal warning shot, accusing luxury car dealer Carstore Hub Limited of lifting his 2009 hit Kadhaa for an online advert fronted by TikTok sensation “Goliath wa Bungoma”.
In a 10 June demand letter, his advocate James T. Makori says the dealership synchronized the track with a 31 May promo video “for its own capitalistic gain” without securing a synchronization licence, a move the rapper calls a clear copyright breach.
The claim revives memories of Nonini’s landmark court victory last year, when a Nairobi magistrate awarded him up to KSh 4 million after influencer Brian Mutinda and electronics firm Syinix used his song We Kamu in a TV commercial.
The contested clip features brand ambassador Isaac Otesa, better known as Goliath wa Bungoma, posing next to high-end cars at the dealer’s Rosslyn Riviera showroom while Kadhaa plays in the background.
Makori’s letter, addressed to Carstore’s directors, states that “only the composer and publisher can authorise such use”, insisting no contact was made with Nonini or his label.
Carstore allegedly pushed the same video across its Facebook, Instagram and TikTok pages under the handles “Car Soko” and “Cartore”, amplifying the reach without paying a cent in royalties.
The artist argues the conduct violates Section 35B of Kenya’s Copyright Act, which bars commercial use of music without written permission.
A pattern of enforcement
This is not Nonini’s first rodeo in copyright court.
- March 2023 – Milimani Commercial Court ordered influencer Brian Mutinda to pay KSh 1 million for using We Kamu in a Syinix Electronics advert.
- September 2024 – On appeal, a higher court raised damages to KSh 4 million, calling the infringement “willful and commercial”.
- Industry reaction – Music Copyright Society of Kenya hailed the rulings as a “warning to brands that music is not free”.
The verdict set a precedent for content-creator liability in Kenya’s blossoming influencer economy.
Nonini argues that social-media virality is no excuse to bypass creators’ rights, warning advertisers that “sync licences are not optional”. Entertainment lawyers note that Kenyan courts now treat TikTok and Instagram spots just like prime-time TV commercials when assessing damages.
If the matter proceeds to trial, Carstore could face injunctions, profit disgorgement and statutory damages of up to KSh 5 million per infringement, according to recent jurisprudence.
The dealership has seven days from receipt of the demand to respond, after which Nonini’s lawyers say they will “move to court without further reference”.
Carstore had not issued a public statement by press time.
Full letter:
