Kenyan music has been drawn into a fresh copyright dispute after veteran musician John Boniface Maina, popularly known as JB Maina, filed a case against Mugithi stars Samidoh Muchoki and Waithaka Wa Jane over the alleged unauthorised use of his songs.
Maina has moved to the Commercial Court, claiming that the two musicians have commercially performed and exploited compositions to which he says he holds the copyright. He is seeking damages and orders stopping them from using his musical works without his permission.
Millions at the centre of the dispute
According to court claims reported by The Standard, Maina says Samidohβs performances of his songs generated losses of about Sh14 million.
He estimates that approximately Sh10 million relates to Samidohβs performances in the United States between February 2023 and December 2024, while a further Sh4.4 million is attributed to performances in Kenya between 2024 and 2026.
Maina has also claimed about Sh9.4 million in losses linked to Waithaka Wa Jane’s alleged performances of his songs in Kenya and the United States during the period covered by the suit.
The figures form part of Maina’s wider argument that his music has been used commercially without the necessary licences, permission or royalty arrangements.
Songs at the heart of the case
Maina says he is the producer and composer of a number of popular Kikuyu songs, including Muiritu wa Kabete, Tiga Kumute, Njeri, Ndwara Cece, Arata, Tuhuwa twa Rose, Uninyi Wakwa, Kirindi, Mundiatwa and Tumura Kanua.
His argument is that copyright gives him the exclusive right to control how those works are reproduced, adapted, performed publicly, distributed, broadcast or commercially exploited.
He alleges that neither Samidoh nor Waithaka obtained a written licence, assignment or other authorisation permitting them to commercially use the songs.
Maina further argues that the performances benefited the two artistes by increasing audience engagement while depriving him of potential licensing fees and royalties.
A familiar issue for JB Maina
The latest lawsuit is not the first time Maina has pursued legal action over the use of his music.
In 2014, Safaricom reached an out-of-court settlement with the musician over the use of 10 of his songs as Skiza Tunes ringtones. Reports at the time put the settlement at Sh15.5 million.
The history is significant because Maina’s latest case highlights the growing importance of copyright protection in Kenya’s music industry, where established songs are frequently performed by other artistes, particularly in live entertainment.
Waithaka and Maina previously settled a dispute
There is also history between Maina and Waithaka Wa Jane.
In 2023, the two musicians reached an amicable settlement after a dispute over Waithaka’s use of Maina’s songs. Their disagreement was resolved through intervention from people within the music industry, after which the two were pictured together.
Maina later said he was willing to allow upcoming artistes to reproduce his songs for free, provided they sought permission and gave him proper recognition.
That earlier settlement makes the latest legal action particularly notable, although the current case involves allegations covering performances between 2023 and 2026.
Samidoh dragged into the copyright debate
Samidoh’s involvement has also reignited conversations about the practice of Mugithi and other local musicians performing established songs at live shows.
The artiste has previously faced speculation over his relationship with Waithaka following an earlier copyright dispute involving Maina. In 2023, Samidoh rejected suggestions that he was opposed to Waithaka’s growing popularity.
The current lawsuit, however, places both musicians directly in a legal dispute over the alleged commercial use of Maina’s repertoire.
What Maina wants from the court
Maina is asking the court to stop Samidoh and Waithaka from continuing to use the disputed compositions without his authorisation.
He is also seeking general and special damages, arguing that the alleged use has not only denied him licensing income but has affected the commercial value of his intellectual property.
The case now puts Kenya’s copyright framework under the spotlight, particularly the distinction between performing a popular song for an audience and obtaining the legal rights required for commercial exploitation.
For Kenya’s growing local music industry, the dispute could become an important reminder that popular songs are also intellectual property and that commercial success can bring with it legal obligations over ownership, permission, attribution and royalties.
For now, Maina’s allegations remain claims before the court, and the case will determine whether Samidoh and Waithaka infringed his rights and what remedies, if any, should follow.
