Kenya: Sauti Sol in tussle with political party over song use

In a statement posted on Monday evening on their social media accounts, the Kenyan band accused Azimio La Umoja, a coalition of political parties formed in the run-up to the 9 August general elections, of using one of its songs in one of their campaigns without their consent.

Sauti Sol said Azimio La Umoja, led by Kenya’s veteran politician and former prime minister Raila Odinga, used their single ‘Extravaganza’ to hype the unveiling of Odinga’s presidential running mate, Martha Karua, on Monday on the coalition’s social media accounts.

The statement signed by the group members Bien-Aimé Baraza, Willis Chimano, Polycarp Otieno and Savara Mudigi said the band did not license the song to the Azimio la Umoja campaign team. 

“We did not give any consent for its use in the announcement of their deputy presidential candidate. Furthermore, our authority to use the composition, which is one of our most distinct compositions, was neither sought nor given,” Sauti Sol said. “Using our song 'Extravaganza' without our consent is blatant copyright infringement as directed by section 35, CAP 170 of the Copyright Act of Kenya.”

‘Extravaganza’ was released on 29 May 2019 and features Bensoul, Nviiri the Storyteller, Crystal Asige, and Kaskazini.

The band also distanced itself from the said political alliance and, indeed, any other political groupings. “We would like to make it very clear to our fans, partners, and associates, we are not aligned to, nor associated with, the Azimio La Umoja, or any other political movement and/or party their presidential aspirants, deputy presidential aspirants, and candidates at large. We are fully apolitical.

“We are disappointed by the Azimio la Umoja campaign’s blatant disregard of our right to control the use of our copyright, and we shall be seeking legal remedy for this clear violation of our copyright,” Sauti Sol signed off their statement.

This development comes just a week after the Azimio La Umoja presidential candidate Odinga is reported to have paid the Music Copyright Society of Kenya (MCSK) Ksh562 500 (about $4 800) to be distributed to artists whose music they will use in their campaigns.

Copyright and intellectual property violations in Kenya are quite rampant with most of the public highly ignorant of both the laws and consequences the vice has on the creative industry. 

Kenyan musicians have also been complaining about the mismanagement of collective management organisations (CMOs) for decades. In 2020, the Kenya Copyright Board released the findings of a forensic audit covering the 2017-19 period, in which it exposed systemic inefficiencies at Kenya‘s three licensed CMOs – Performers Rights Society of Kenya (PRISK), the MCSK and the Kenya Association of Music Producers (KAMP) – including negligence, diversion of royalties, fraudulent transactions, ghost and duplicate members, non-compliance, poor corporate governance, and policy breaches, among others.