Zuku, the pay-TV service operated by Wananchi Group Limited, has been ordered to pay Sh7.2 million in damages after it was found guilty of broadcasting the Kenyan film Pwagu without the creators’ consent.

The decision was delivered by the Copyright Tribunal following a dispute filed by Kadi Media Limited and filmmaker Diana Mbogo.

They accused Zuku of infringing on their intellectual property rights by airing the film on its platform without permission.

According to the tribunal, “Zuku violated Section 35 of the Copyright Act by broadcasting Pwagu without a valid licence or assignment from Kadi Media.”

The broadcaster’s claim that it had obtained the film from a third party, Sparks Corporate Solutions Limited, was dismissed after it emerged that the contract in question was both unsigned and undated, rendering it legally ineffective.

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The case, officially registered as Kadi Media Limited v Wananchi Group Limited, began when the High Court transferred the matter to the Copyright Tribunal on November 4, 2024, as per an order by Justice C.W. Meoli.

Zuku initially disputed the tribunal’s jurisdiction, but a ruling on 28 November 2024 affirmed its mandate under Section 26(3) of the Copyright Act and Article 169(1)(d) of the Constitution.

In its defence, Zuku claimed it had no knowledge of any copyright infringement and had relied on assurances from Sparks.

However, the tribunal noted that Zuku “continued airing the film despite receiving a demand letter on May 30, 2024,” and had gone as far as dismissing the copyright claims as defamatory.

Evidence presented by Kadi Media included certificates from the Kenya Copyright Board and the Kenya Film and Classification Board confirming the firm’s exclusive rights over Pwagu’s literary and audio-visual content.

Meeting minutes dated June 2024 also revealed Zuku had knowingly broadcast unapproved material, further weakening its position.

The tribunal rejected Zuku’s reliance on Section 35(5)(b) of the Copyright Act, which shields those who infringe copyrights unknowingly, stating the company was “aware of the copyright but relied on faulty third-party assurances.”

In making its determination, the tribunal cited key precedents, including Kimani v Safaricom Limited (2015) and Royal Media Services Limited v John Katana (2019), to substantiate the award of Sh2,217,951 in special damages.

These damages covered costs associated with production and administration, backed by detailed records provided by Kadi Media.

An additional Sh5 million in general damages was awarded for the reputational and commercial harm caused by the unauthorised broadcast to Zuku’s wide viewership.

While exemplary damages were denied on the grounds that Zuku eventually stopped airing the film, the tribunal awarded full costs and interest on the sums until complete settlement.

The ruling is expected to send a strong message across the broadcasting sector about the importance of securing valid rights before airing creative works.