Graffiti artist sues Martha Karua for using her work without consent

Cherwon describes herself as an artist who does murals and digital illustrations as her main source of livelihood.

Martha Karua. She has been sued by a Grafitti artist for using her work without consent.

A graffiti artist has sued Narc Kenya leader Martha Karua, seeking Sh2.1 million payout for using her artwork in her political advertising without her consent.

Nancy Chelagat Cherwon says Karua has on a number of occasions used her art without her permission or compensating her for using her intellectual property.

Her artwork was in Karua's campaign video, 'Heko Mama' allegedly produced by Boniface and released on June 30.

Cherwon describes herself as an artist who does murals and digital illustrations as her main source of livelihood.

In the case filed before the Milimani Constitutional Division, she has named Karua, Boniface Mwangi, Ecko Unltd Kenya, Highlands Drinks Ltd, James Obunga alias 'Otile Brown', Ali Yussuf alias 'Arrow Bwoy' and 209 State House Road as the respondents.

209 State House Road is a lessor of the properties that contain the graffiti in the foregoing dispute.

She started painting at State House Road premises with its permission.

"I was paid for the murals that were in the office and restaurant in the space but upon discussions with Arrow Bwoy proceeded to paint the extra space at the court for free," she says.

She says she was shocked to see her work on Karua's Heko Mama video and her murals being used on posts and reels on Instagram shared by Ecko and Highlands to market their products.

"I was further aggravated to again see my art being used by Otile Brown in his music video production dubbed 'Better days' and on Arrow Bwoy's music video titled 'Fashionista' released on 22 February 2021," she says.

She claims 209 State House Road used her art for commercial benefit without seeking her consent or compensating her.

"I consider that my work has been stolen and used on various occasions without my consent," she says.

Cherwon says each of the respondents should bear Sh300,000 which would 'otherwise have accrued as royalties and licensing fees'.