A graffiti artist has filed a lawsuit against Martha Karua claiming Sh2.1 million in damages for using her work without permission in political advertising.
According to Nancy Chelagat Cherwon, the Narc Kenya has frequently used her artwork without her consent nor has she paid her for utilizing her intellectual property.
The petitioner’s work was used in the June 30 release of Karua’s campaign video, “Heko Mama,” which activist Boniface Mwangi is said to have produced.
Cherwon identifies as an artist whose primary sources of income are digital illustrations and murals.
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She has listed Karua, Boniface Mwangi, Ecko Unltd Kenya, Highlands Drinks Ltd, James Obunga alias “Otile Brown,” Ali Yussuf aka “Arrow Bwoy,” and 209 State House Road as respondents in the complaint before the Milimani Constitutional Division.
The premises that the disputed graffiti is on are leased by 209 State House Road.
The complainant explains that she started painting on the property on State House Road with permission from the owners.
“I was paid for the murals that were in the office and restaurant in the space but upon discussions with Arrow Bwoy proceeded to paint the extra space at the court for free,” elucidates Cherwon.
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Court documents show that the complainant was horrified to discover that Ecko and Highlands had used her murals and work on Karua’s Heko Mama video to promote their products in posts and reels on Instagram.
“I was further aggravated to again see my art being used by Otile Brown in his music video production dubbed ‘Better days’ and on Arrow Bwoy’s music video titled ‘Fashionista’ released on 22 February 2021,” she adds.
She alleges that 209 State House Road exploited her artwork for profit without her permission or payment.
“I consider that my work has been stolen and used on various occasions without my consent,” says Cherwon.
According to Cherwon, each respondent must pay Sh300,000 that would have otherwise accrued in royalties and licensing costs.
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