MUSICIAN TAKES ON EQUITY BANK OVER “WINGS TO FLY” SONG.

21 year old musician Eric Obiero Nyadida who has sued Equity Bank Limited and Equity Group Foundation over using his intellectual works in “wings to fly” advertisements testifying before Court on Monday November 18,2019/PHOTO BY S.A.N.

BY SAM ALFAN.

A 21 year old man has sued Equity Bank (Kenya) Limited and Equity Group Foundation for allegedly using his intellectual works in “wings to fly” advertisements.

Eric Obiero told justice Wilfrida Okwany that  he has constantly been asking for his money but the bank charged him with attempting to defraud them of Sh 10 million.


“I was 16 years when the bank told my brother and I through a letter that we had committed a criminal offence and we were to take statements the next day at Equity center,” Obiero told the court.

Obiero revealed that a security guard, Joachim Ithumbi refused to take his statement and said ‘the bank does not want anything to do with that matter and we are ready to do anything to defend ourselves’.

Later,Nyadida and his brother were taken to Banking Fraud Unit at the Central Bank and finally detained at the Kileleshwa police station and the next day, he was charged alongside his brother at a Milimani court with fraud where they both pleaded guilty.

In a case under certificate of urgency, Eric Obiero Nyadida is seeking orders to stop Equity Bank Limited and Equity Group Foundation from using his piece of music titled “wings to fly” in their advertising campaigns for the Equity Group Foundation wings to fly project either on an internet based platform or the television or radio.

Obiero said the bank has continued to use the music, which he is the intellectual property owner without any valid license, consent or approval.

Through Lawyer John Khaminwa, Obiero wants the court to issue temporary orders stopping the Bank from using his piece of music from any platform whether radio or media platform whatsoever of the Equity Group foundation projects called wings to fly pending hearing and determination of the matter.

“Obiero’s right to protect and benefit from his intellectual property is protected under the provisions of Article 40 (5) of the constitution and the copyright Act 2011 of the laws of Kenya which right has an continues to be infringed by the Equity Bank Limited and Equity Bank Foundation who are using and benefitting from project wings to fly”, said Obiero.

He said the piece of music is his original works and creation and thus his Intellectual Property, which he enjoys and is protected by the law. He said the use by Equity bank has not borne any benefit to him.

He told the court that Equity Bank colluded with Director of Public Prosecution and National Police Service to have him charged but he and his co-accused were later acquitted.

The petitioner said it was a ploy to intimidate him from pursuing his right to compensation from the Bank, for using his music. He claimed he was 16 years old when he was charged.

Obiero said his fundamental rights continues to be breached and unless Equity Bank is restrained, he stands to suffer a great loss and damage.

He said he was a student and a budding musician with his manager called John Kennedy who was able to get him an opportunity to create original piece of music that could be used by the Equity Bank and Equity Group Foundation in wings to fly project.

The copyright of the song was registered on May 14, 2013 as per the court documents.

He said he met with Edward Muchai who introduced himself as Equity Bank Communication manager and gave him a compact disc and after listening to it on his computer he told that he write a proposal that would be presented to the Equity Bank’s Chief Executive Officer for consideration.

He returned after one week to Muchai who after reading the proposal sent him to the offices of the Chief Executive whom they met and after reading the proposal, the chief executive Dr John Mwangi allegedly said he liked it and wanted it implemented. He said he was directed to go and see a Mr Kibiru, an officer with the Bank.

Kibiru presented to him with a documents titled “BUYING OF COPYRIGHTS” which stated that they were buying the rights of his sing for Sh10 million. Muchai explained the contents of the documents to him and asked him to sign which he did.

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