Nairobi, September 15 — A Kenyan court has rejected a bid by actress Foi Wambui to be struck out as a defendant in a copyright infringement case filed by musician Mutoriah, allowing the lawsuit to proceed to a full hearing.
The dispute centers on a smartphone advertisement for Oppo’s Reno 12 5G model. Mutoriah alleges his song “Beta” was used in the commercial without authorization or the required synchronization licence, the legal permission needed when copyrighted music accompanies visual media in advertising.
Wambui appeared in the advertisement, which Mutoriah says he discovered on social media on August 31, 2024. He subsequently issued a formal legal notice demanding an apology and acknowledgment of the alleged copyright breach. When the matter remained unresolved, he moved to court.
Mutoriah sued both Wambui and Oppo, arguing the song’s use in the advert violated his rights. The court’s ruling keeps Wambui in the case as a defendant, meaning she will have to answer the allegations at trial.
A central issue for the proceedings will be responsibility: who selected the song for the commercial, and which party was obligated to secure proper licensing. The trial is expected to examine evidence on how the song was chosen, what permissions were sought, and whether any valid licence existed for its use in the advertisement.