Equity Bank has been ordered to pay Eric Nyadida, a Kenyatta University student, Ksh5 million for using his song to promote their Wings to Fly program, according to Tuko.
The bank also found itself on the receiving end over claims that it used its influence to have Nyadida arrested and charged in an adults’ court despite being a minor.
In 2013, Equity Bank entered a deal with Nyadida who was tasked with composing an original song for purposes of promoting the program and in turn the bank was to pay him KSh10 million for the same.
However, upon receiving the song, the bank refused to pay and had the musician who was 16-years-old then and his brother, Geoffrey Nyadida Odongo, arrested and locked up at Kileleshwa Police Station.
The two were later presented before a court where they were charged with forgery but they were acquitted in November 2017 due to lack of evidence.
In November 2019, Nyadida sued Equity Bank urging the High Court to compel the bank from using his song to promote the sponsorship program.
He noted that over the last six years, he has suffered mental anguish and violation of his property rights, adding that the bank has continued to use his work yet he is not receiving any benefits.
Nyadida asked the High Court to issue a conservatory order restraining Equity Bank from using his music in any of its advertisements pending determination of the suit.
On Thursday October 13, after a decade long battle, the Milimani Commercial High Court ruled in favor of Nyadida and ordered EquityBank to compensate him for the song and awarded damages.
Reacting to the ruling, Nyadida termed it a miracle and thanked his family and team of lawyers for the unwavering support as he battled the lender in court.
“I undertook to fight the good fight, to get involved in some good trouble if I may say so. If you go against the norm, others may somewhat distance themselves from you, otherwise known as distancing yourself from failure before hand
“Throughout the times that I have been in the courts, there hasn’t been anything that equaled the excitement, the rewaed and the exhilaration that the two judgements have provided and will continue to provide. We now have the opportunity to further develop the jurisprudence on rights of the child, intellectual property as well as the duties of state and public officers,” Nyadida said in part.
