Gospel musician Julius Owino Ooko, on November 2, served the ruling Jubilee Party with a demand letter regarding their usage of his hit song, Utawala.
The letter, seen by Kenyans.co.ke, was addressed to Jubilee Party Secretary General Raphael Tuju, and served by Juliani's legal counsel, James T. Makori.
"We also demand on behalf of our client that you admit liability for infringement of intellectual property rights in writing within the next 72 hours so that we can further engage you on quantum,
"Should you chose to ignore this letter, we have unequivocal instructions from our client to institute mandatory legal proceedings against your party for damages both general and specific in a court of law," the letter reads in part.
The party had shared the promotional video across it's social media platforms on October 31, with the gospel singer's catchy tune as its soundtrack.
The Constitution of Kenya 2010 Articles 11, 40, 69, 259 and 260, details guidelines on the protection of intellectual property rights.
Only the copyright owner of any given content has the right to reproduce, publish communicate/make available, perform or make an adaptation of the creative works, and any other person or entity would require a license to do the same to avoid infringement.
Juliani further castigated the Jubilee for blatantly using his song without his consent or approval.
"Your actions go against the very principles that our party stands for, such as job creation and income generating opportunities for the youth. Your promotional video goes against building any bridges as it denies a young creative Kenyan his right to earn an honest living," the letter further reads.
The musician's lawyer also highlighted that the move by the party had now tainted the rapper as partisan and a proponent of the BBI drive.
Gospel artistes, dance groups and entertainers have often reaped big from high octane campaign seasons in Kenya. In May 2017, the gospel crooner Ben Githae released “Uhuru na Ruto Tano Tena”, praising the government of the day as it sought a second term in office.
He, however, remained tight-lipped on how much he was paid for the song, and has gone on to release a new one on the BBI drive.
