Actress and content creator Foi Wambui has failed to shake off a legal battle over copyright infringement after a court denied her bid to be dropped from a lawsuit filed by musician Mutoriah.
Mutoriah is suing Foi Wambui and tech giant Oppo for using his track “Beta” in a Reno 12 5G smartphone promo without securing a synchronization license or his permission.
Mutoriah alleges the duo blatantly bypassed the law by failing to secure a synchronization (sync) license-the non-negotiable legal permit required whenever copyrighted music is paired with visual content for commercial gain.
Mutoriah initially slapped Wambui with a legal notice demanding a public apology and formal acknowledgement of infringement before taking the fight to full litigation.
The Core Arguments
- The Claim: Mutoriah spotted the unlicensed track in Wambui’s promotional skit on social media, prompting him to issue a legal notice before hauling both Wambui and Oppo to court.
- Wambui’s Defense: She urged the court to strike her name from the suit, claiming she acted strictly as an independent contractor and that Oppo held sole responsibility for securing music rights and approving the final edit.
- Oppo’s Pushback: Oppo threw the ball back into Wambui’s court, arguing it never selected the song and that she retains full liability for what goes up on her personal channels.
The Ruling Magistrate Hosea Mwangi shut down Wambui’s request to exit, declaring that the dispute presents a valid, triable case. Both Wambui and Oppo will now have to face the music in a full trial.
The decision sets a crucial precedent for Kenya’s booming creator economy. It exposes content creators to direct legal liability for copyright infringement on their personal channels, proving that shifting blame to corporate sponsors won’t easily fly in court. Both Wambui and Oppo must now brace for a full, messy trial.
