Artist Sues Martha Karua for Using Her Work on Campaign Adverts Without Consent

A graffiti artist has sued Nark-Kenya party leader Martha Karua for using her artwork in her political advertisement with her consent.

In a case filed at Milimani law courts, Nancy Chelagat Cherwon claims Karua used her artwork on a number of occasions during the electioneering period without seeking permission or compensating her for her intellectual property.

This included her campaign video dubbed ‘Heko Mama’ which was produced by Boniface Mwangi and released on June 30th.

Chelagat says she does murals and digital illustrations as her main source of livelihood and is demanding a Sh2.1 million payout from Karua and other respondents who include Mwangi, Ecko Unltd Kenya, Highlands Drinks Ltd, James Obunga alias ‘Otile Brown’, Ali Yussuf alias ‘Arrow Bwoy’ and 209 State House Road.

209 State House Road is a lessor of the properties that contain the graffiti in the foregoing dispute. The complainant started painting at State House Road premises with its permission.

“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,” she says in court documents.

She says she was shocked to see her work on Karua’s ‘Heko Mama’ video and her murals being used on posts and reels on Instagram shared by Ecko and Highlands to market their products.

“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.

Chelagat further accuses 209 State House Road of using her art for commercial benefit without seeking her consent or compensating her.

“I consider that my work has been stolen and used on various occasions without my consent,” she says.

She wants the court to compel each of the respondents to bear Sh300,000 which would otherwise have accrued as royalties and licensing fees.