Zuku Found Guilty of Copyright Infringement

Wananchi Group Ltd, the parent company of Zuku, has been ordered to pay KSh 7.2 million for illegally airing the film Pwagu without the proper rights or authorization from the content creators.

The Copyright Tribunal found the digital pay TV provider guilty of infringing on the intellectual property rights of Kadi Media and Diana Mbogo, who jointly created the film. This decision shows that proper due diligence is needed in Kenya’s entertainment and media industries.

Breakdown of the Damages

The tribunal awarded:

  • KSh 2.21 million as special damages to Kadi Media

  • KSh 5 million as general damages for the unauthorized use of the content

Total: KSh 7.21 million

The tribunal, chaired by Elizabeth Lenjo, said Zuku exercised rights that are exclusive to the copyright owner by broadcasting the film without authorization.

Zuku’s Defence Falls Flat

Zuku claimed it had obtained the rights through a contract with a third-party company, Sparks Corporate Solutions, which allegedly had the authority to distribute the film. But the tribunal rejected this argument.

According to the ruling, any claim to copyright ownership or licensing must be supported by a valid license or assignment registered with the Kenya Copyright Board (KECOBO).

Since Sparks Corporate Solutions failed to provide such documentation, the tribunal concluded that Wananchi Group had no legal grounds to air the film.

Tribunal: Zuku Should Have Known Better

Given its experience in broadcasting local content, the tribunal ruled that Zuku should have exercised proper due diligence before airing Pwagu. The broadcaster was expected to verify that all rights were valid and registered.

“The respondent is expected to know that where a party claims to own any copyright to an audio-visual work, then such a party must have the requisite registration documents from the Kenya Copyright Board and the Kenya Film and Classification Board,” the tribunal noted.

How the Film’s Ownership Was Proven

Kadi Media, represented by lawyer Duncan Anzala, produced:

  • A certificate of copyright registration from KECOBO for the film’s script

  • A certificate of approval from the Kenya Film and Classification Board. This proved that the rights to the film belonged to Kadi Media and Diana Mbogo.

Zuku Admitted to Airing the Film

Zuku did not deny airing the film. The company admitted it had aired Pwagu but said it acquired the content in good faith as part of a content acquisition deal with Sparks Corporate Solutions.

The agreement included:

  • 800 movies and 300 TV series

  • An award letter dated January 15, 2025

  • A formal agreement signed on January 23, 2024

But the tribunal said good faith is not enough without legal ownership verification.

Zuku Pulled the Content—But Too Late

Zuku revealed that it later removed Pwagu from its platforms while awaiting the tribunal’s verdict. While this action showed a willingness to comply, it wasn’t enough to absolve the company of liability.

What This Ruling Means for the Media Industry

This ruling sets a strong precedent in Kenya’s creative sector. It signals that content creators now have stronger backing when their intellectual property rights are violated.

For broadcasters and distributors, it’s a wake-up call: you must verify copyright ownership before airing or selling creative works.

Copyright Law Is Clear

Under Section 26 of the Kenya Copyright Act, copyright owners hold exclusive rights to:

  • Distribute their work (sale, lease, rental, importation)

  • Communicate the work to the public in any form

  • Control use of both the original and adapted versions of the work

The tribunal concluded that both the script and audio-visual production of Pwagu were legally protected and solely owned by Kadi Media.

“We find and hold that copyright in the subject literary and audio-visual work reposed in Pwagu lawfully vests in the 1st claimant,” the ruling stated.