Popular Kikuyu gospel singer Rebecca Wanjiku emerged victorious in a copyright infringement case she filed against Christ is the Answer Ministries (CITAM). The court ordered CITAM to pay her Ksh1.5 million in damages for using her song “Rungu Rwa Ihiga” without her consent.
In addition to the financial penalty, the court directed CITAM to immediately delete the choir’s performance of the song from its Men’s Chorale YouTube channel. The offending video was part of a medley titled “Athuri Mwihithe” uploaded in May 2015.
Justice Freda Mugambi ruled that CITAM’s men’s choir had not only used Rebecca’s original lyrics but had also replicated the rhythm of her composition, effectively reproducing her work without permission.
Rebecca Wanjiku Presents Proof of Ownership
In a 21-page verdict delivered last Friday, Justice Mugambi outlined the key evidence presented in the case. To prove her legal ownership, Rebecca produced a certificate issued by the Music Copyright Society of Kenya (MCSK) in January 2011 confirming her rights to “Rungu Rwa Ihiga.”
“The certificate affirms that the plaintiff is the author of the song ‘Rungu Rwa Ihiga’ and that she enjoys the exclusive rights conferred by law, including the rights to reproduce, distribute, and publicly perform the work,” the ruling stated.
Rebecca argued that CITAM’s version of the song mirrored her original in lyrics, melody, and rhythm. The judge agreed, noting that these similarities pointed to deliberate copying rather than coincidence.
Court Played the Songs to Compare Side by Side
During the hearing, Rebecca submitted a flash disk containing her original recording and the version performed by CITAM. The court listened to both.
“There is no doubt that [CITAM’s] piece is a combination of gospel songs performed in the Kikuyu language,” the judge noted.
Rebecca pinpointed the copied portion of the song running from minute 2:43 to 6:13, and even submitted an English translation to show how the lyrics matched hers word-for-word.
She also testified that she had issued a formal “notice to produce” on October 28, 2020, asking the church to provide a copy of the performance video. The church did not respond and failed to offer any reason for ignoring the request.
CITAM Acknowledged the Similarities But Blamed the Bible
CITAM defended itself by claiming no authorship or ownership of the song. Their witness, Isaac Peter Kalua, admitted that the lyrics used by the church resembled Rebecca’s. He claimed, however, that the lyrics were drawn from the Bible – specifically Exodus 33:21–23.
But Justice Mugambi was unconvinced.
“Even if [CITAM] and [Rebecca] drew inspiration from similar biblical themes, what is protected is Rebecca’s particular arrangement of lyrics, rhythm, and musical structure,” she stated.
“The repeated use of identical lyrics and a substantially similar melody over a significant portion of [CITAM’s] song creates the unmistakable impression of copying, rather than independent creation.”
Court Dismisses YouTube Upload Dates as Irrelevant
Another argument from CITAM was that Rebecca’s song had only been uploaded to YouTube in 2020, while their version had been online since 2015. They argued this meant they couldn’t have copied from her.
The court rejected this, stating that the upload date was irrelevant when determining if copyright infringement had taken place.
What mattered, Justice Mugambi explained, was that CITAM had used the content without Rebecca’s permission, violating her exclusive legal rights.
No Profit Motive? Still Infringement
CITAM also tried to justify its actions by claiming they did not make money from the song. They argued the performance was only meant for spiritual edification, not commercial gain.
Again, the judge was not persuaded.
“By dint of the Copyright Act, the existence of a profit-making motive is not a prerequisite to establishing infringement. What matters is the unauthorised use of exclusive rights conferred upon the copyright holder,” she ruled.
Court Awards Damages and Orders Complete Takedown
When calculating damages, Justice Mugambi said there were no fixed guidelines on how much to award in such cases. However, she referenced other rulings where courts had awarded up to Ksh5 million in similar copyright disputes.
“Considering the facts and circumstances of the present case, including the uncontroverted finding of infringement, the non-commercial use by the defendants, the failure to disclose relevant digital evidence, and [Rebecca’s] assertion of moral and proprietary harm, I am of the considered view that an award of Sh1.5 million is appropriate and proportionate to vindicate [Rebecca’s] rights,” she ruled.
The court also ordered CITAM to pay all legal expenses Rebecca incurred in bringing the case to court.
Deadline Set for Song Takedown
Finally, the court issued a strict takedown directive:
“An order is hereby issued directing [CITAM] to take down from all platforms, and to destroy any copies, records and or performances of the song titled ‘Rungu Rwa lhiga’ under the title ‘Athuri Mwihithe’ or any other title, within seven days from the date of this judgment,” the ruling stated.
That seven-day compliance deadline expires on Friday, June 27.
With the ruling, the court has sent a firm message to choirs and churches across Kenya: unauthorized use of copyrighted music even for spiritual purposes will not go unpunished.
