Why fisherman Ondiek became a celebrity

Opera Singer Rhoda Ondeng Wilhelmsen. PHOTO: Felix Ndungu

What you need to know:

  • The story of Ondiek was originally told in an essay written in 1973 by a student at Limuru Girls High School, Sarah Alai. She titled her essay “Ondiek the Fisherman”.
  • Francis Chandler, her English teacher, adapted the essay for an opera.

Today we celebrate creative minds. It’s World Intellectual Property Day, celebrated every year on April 26 to discuss the role of intellectual property (IP) in encouraging creativity.

This year’s theme is ‘Movies: A Global Passion’. Lupita Nyong’o, this year’s winner of the Oscar Best Actress in a Supporting Role, will be in the minds of many Kenyans participating in the celebrations planned by Strathmore University.

Posters advertising the day-long event carry the familiar image of Lupita sporting a stunning light-blue gown and holding her Oscar.

But Ondiek the fisherman should today take centre stage. He is a cause célèbre in IP and creativity in Kenyan law.

His case helped to affirm the check list for the protection of the works of creative minds, both original and derivative. Derivative work is based on another person’s original work.

Ondiek lived in Bandari village on the shores of Lake Victoria. He was an utter fool. He believed catching fish was purely by God’s grace. He, therefore, did not care to mend his nets. He was also abusive and unkind to his long suffering and lovely wife Mariamu.

His end came, justly, when he was dragged down by his own unmended nets and drowned.

The story of Ondiek was originally told in an essay written in 1973 by a student at Limuru Girls High School, Sarah Alai. She titled her essay “Ondiek the Fisherman”. Now a pharmacist, she is known as Dr Sarah Alai Chuchu.

KENYA'S FIRST OPERA

Francis Chandler, her English teacher, adapted the essay for an opera. Thirty-nine years later, another former Limuru Girls student, Rhoda Ondeng, now a Norway-based opera singer known as Rhoda Ondeng Wilhelmsen, “took over” the musical adaptation and registered it with the Kenya Copyright Board as her copyright on February 28, 2012.

Ms Wilhelmsen then proceeded, in a fanfare of publicity, to produce what was billed as Kenya’s first opera, based on the musical adaptation. The performance was scheduled for April 20-22 2012 at Braeburn Theatre in Nairobi. Tickets for the Friday gala night cost Sh2,000.

Dr Chuchu raised the alarm, protesting that Mr Chandler had adapted her essay without her consent. She wanted the performance stopped until the copyright issues were resolved.

Her lawyers sent a demand letter urging Ms Wilhelmsen to cancel the performance. She was also said to have warned Kiss 100 FM of dire consequences if they did not stop publicising the performance, though she denied this when Ms Wilhelmsen went to court seeking an injunction to stop her from interfering with the production.

But in a judgment one day before the gala opening, High Court judge Alfred Mabeya dismissed the application for an injunction. He also ruled that a school essay is protected by copyright. So is a derivative work, though permission must be sought from the original author, but that was another matter.

The judgment was a win-win for all creative minds of both original and derivative works. That was the legacy, and beauty, of Ondiek the fisherman.