Adawnage yet to ‘open servers’ in million-shilling royalties case: Kaki Mwihaki
Gospel artiste Roseline Mwihaki, popularly known as Kaki Mwihaki, wants Adawnage band to pay her royalties.
Gospel singer Roseline Mwihaki, popularly known as Kaki Mwihaki, has reacted to Adawnage band's statement to comply with court orders and ‘open servers’ in a million-shilling royalties case.
Through her lawyer David Katee, Kaki says that despite the band issuing a public statement, Adawnage is yet to comply with the magistrate's orders after she won a copyright case in which she accused the band of swindling her of her royalties. The band is yet to write to the lawyer officially on their complying with the court orders.
On March 7 this year, Principal Magistrate Caroline Cheptoo Kemei agreed with the plaintiff stating that, “The court orders all revenues collected from show performances, merchandise and other sources since the inception of the Adawnage LLP be audited and accounted for and the plaintiff be given her equal share under the partnership.”
She ordered Adawnage to assign split sheets to Kaki based on her contribution to the band; reconcile the revenues generated from all active distribution/licensing agreement and give Kaki her share; as well as grant Kaki access to the back end on all music streaming and distribution platforms the band has placed its music in order to audit all revenue generated, and the plaintiff be given her fair share under the partnership.
Intellectual property cases of this nature have attracted millions in settlement in previous suits.
On Monday, the band reacted to the court orders by issuing a public statement, and also agreeing to ‘open servers’ for audits.
“In light of the recently published judgment issued by the court of record as well as the news article written (first published by Nation) we would like to take this opportunity to address all stakeholders as hereunder...Heeding the call and implementing the vision to write and produce God inspired music was not without challenges,” the band said in a statement.
“And as we look to the future and build on the foundation established by our members, we would like to reassure our stakeholders of our continued commitment to the highest standard of integrity and professionalism in carrying our activities. To further enhance this and attend to gaps that have been noted in this situation, we have recruited the help of independent auditors and consultants to enable us streamline our operations and ensure improved accountability as Adawnage carries out its mandate in the kingdom.”
However, Kaki and her lawyer reiterated the need for the band to fully comply with court orders.
On Tuesday, Kaki’s lawyer Katee said, “We have seen the public statement made by Adawnage in regards to the suit but they are yet to respond to our letter to comply, which is now past the 14 days ultimatum since the delivery of the judgement.”
Kaki formed the band on May 28, 2008 and it went on to release notable gospel hits such as Uwezo, Naomba, I Live for You, among others, with Kaki being the face of the band.
The band also released two successful albums—Safari in December 2010 and Maisha in January 2016.
Out of the 10 songs in the Safari album, five—Usisahau, Uwezo, Naomba, Nitumie and Let Me Live— are Kaki’s original compositions, while the Maisha album had 13 songs among which Kaki claims seven are original compositions.
By the time Maisha album was released, a brewing dispute between Kaki and the rest of the band had culminated into her being locked out of the band’s management and operations.
Trouble with the band began in 2015 when her marriage crumbled. Kaki had met her ex-husband through the band members, however it’s not clear if their souring relationship had a direct impact on Kaki's relation with the band or it was just a coincidence.
In court documents, she said, “In 2015, my marriage was irretrievably broken and I went through a difficult phase of depression, suffered stigma and it affected my overall health as well as my availability for some band activities. I maintained a low profile from the media during the entire (divorce) court proceedings and did very few performances with the band as I was in no state emotionally or mentally to participate.”
With her band locking her out of operations insisting she owned no rights to any of her compositions as they remain part of the band property, Kaki remained relentless in her pursuit in demanding credits to her compositions, taking a decision to file the suit on November 4, 2021.
Mid last month Kaki, who currently resides and ministers in Arizona, USA, won a copyright suit against the band where the court agreed to all her seven prayers.
Part of the prayers is Kaki seeking to be paid royalties by Adawnage for a period of over six years.
She accuses the band of collecting royalties and not remitting her portion during the entire time.
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