Kenya: University Student Sues Equity Bank Over Song

19 November 2019

A university student who claims to have composed a popular song used by Equity Bank to promote its business has gone to court over a Sh10 million pledge, among other constitutional and fundamental reliefs.

Eric Obiero Nyadida, who was prosecuted at the instigation of the lender for forgery alongside his brother Geoffrey Nyadida Odongo then acquitted in October 2017 for lack of evidence, has urged the High Court to prohibit the bank from using the song to advertise its Wings to Fly education sponsorship project for bright but needy children.

LEGAL RIGHTS

Testifying before Justice Wilfrida Okwany, Mr Obiero said his rights were violated when he was locked up in a police cell with adults when he was 16.

He says he was denied his legal rights and access to his parents while in detention at Kileleshwa Police Station.

Mr Obiero, who is pursuing a Journalism course at a private university, told Justice Okwany over the last six years he has suffered mental anguish and violation of his property rights.

He said he was dragged through a criminal trial because he asked the bank to pay him Sh10 million as promised by senior officials of Equity Bank (Kenya) Limited and Equity Group Foundation (EGF) for using his song.

The petitioner says the lender has continued to use his work with no direct benefit going to him.

He is now asking the High Court to issue a conservatory order restraining EBL and EG) from using his piece of music in any of its advertisements on the internet, television, radio or any other media to popularise its EGF Wings to Fly project pending determination of the suit.

Mr Obiero is also seeking costs of the case. Hearing continues.

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