High Court blocks order requiring Nyashinski to disclose Tecno deal in copyright row
In his argument, Nyashinski maintained that making public the details of the deal, which saw him become the brand ambassador of Tecno Camon 20, would infringe on a non-disclosure clause.
The High Court has blocked a directive requiring local rapper and vocalist Nyamari 'Nyashinski' Ongegu to disclose the details of a lucrative deal he signed with phone manufacturer Tecno in May 2023, in a copyright case filed against the musician.
In his argument, Nyashinski maintained that making public the details of the deal, which saw him become the brand ambassador of Tecno Camon 20, would infringe on a non-disclosure clause in the agreement and expose confidential business information.
Nigerian music producer Sam Eli Are sued Nyashinski for copyright infringement in 2022 on the grounds that he had used the hit song “Wach Wach”, which he had produced, to endorse the Tecno smartphone.
Although Nyashinski holds full ownership of the master rights to the track, he reportedly split the song's publishing rights evenly with Are, who argued in court that he is entitled to a share of Nyashinski 's earnings from the Tecno deal, based on the agreement detailing how ownership and royalties are shared between collaborators.
Are, who insists Nyashinki failed to honour the agreement subsequently took legal action in a magistrate’s court on August 9, 2024, which ordered the musician to disclose the details of the Tecno deal.
According to Are, the deal's specifics are crucial in determining the losses he may have incurred in relation to his 50 per cent publishing rights of the song “Wach Wach”. He further argued that the documents were necessary for the fair resolution of his copyright infringement suit.
Magistrate Selina Muchungi ruled in favour of Are, ordering Nyashinski to produce the documents. The Kenyan rapper, however, filed an appeal at the High Court on August 21, 2024.
In the appeal, Nyashinski argued that Are had no valid reason to access a contract protected by a non-disclosure agreement to which he is not a party.
He also raised concerns about the lack of safeguards to protect his personal and financial information and accused the magistrate of wrongly allowing access to a contract irrelevant to the copyright infringement case.
The High Court consequently issued temporary orders last week halting the enforcement of the magistrate court's directive, pending the hearing and determination of Nyashinki's appeal.
"On careful consideration of the application, there is no doubt that the applicant (Nyashinski) stands to suffer loss if no orders are granted in the event the appeal succeeds. That is so because the fear the applicant has will be long realised with no possibility of reversal," ruled High Court Judge Anthony Mrima on April 30, 2025.
"Once the documents are released on discovery, then the process intimated to by the applicant will automatically be set in motion. The application, therefore, is merited. There be a stay of execution of the ruling delivered by Hon Selina Muchungi pending determination of the appeal."
Nyashinki and Are have since been ordered to file submissions, with the case scheduled for hearing in June 2025.
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