Equity Bank and the Director of Public Prosecutions (DPP) have been ordered to pay a musician they sued in a case that dragged in court for three years.
Justice Wilfrida Okwany directed Equity Bank, together with the DPP Director Noordin Haji and the police to pay Edwin Obiero Nyadida Ksh250,000 for malicious prosecution.
Similarly, Okwany ordered Equity Bank to pay Edwin Ksh5 million for the illegal use of his song in breach of intellectual property rights.
Equity Bank used Edwin’s song to advertise the Wings to Fly programme which provides education sponsorship for bright but needy children.
Edwin, who was the defendant in the case, lamented he was dragged to court and charged with forgery for pursuing his rights from Equity Bank.
The defendant said that he composed the song in May 2013 when he was still a student in High School and later registered it with the Music Copyright Society of Kenya (MCSK).
Ksh10 million
He said that Equity Bank approached him with a proposal to publicise its education programme after which he composed the song.
Edwin demanded a Ksh10 million compensation from Equity Bank to grant them the right to use his song to advertise the Wings to Fly programme.
However, the defendant told the court that Equity Bank wanted to offer him a scholarship instead of the Ksh10 million he wanted – a deal he rejected.
He claimed that Equity Bank caused his arrest (where he was charged with forgery) after failing to strike a deal with him.
In her ruling, Justice Wilfrida Okwany noted that it was ironic for Equity Bank, which through its programme promotes the education of bright needy students, to choose to treat Edwin, who was a student at the time the case was filed in court, in such a cruel manner.
