A Partnership Turned Legal War

NAIROBI – A high-profile legal dispute is currently unfolding at the Milimani High Court, placing a spotlight on the intricacies of music contracts and intellectual property rights in Kenya. Nominated Senator and artist Crystal Asige has sued the internationally acclaimed band Sauti Sol, its record label Sol Generation Records, and its individual members—Bien-Aimé Baraza, Polycarp Otieno, Willis Chimano, and Delvin Mudigi—over allegations of breach of contract, unpaid royalties, and exploitation. The lawsuit, filed in 2022, seeks to compel the defendants to disclose all earnings from five hit songs she claims to have co-created and to pay her millions in damages.

Ms. Asige’s journey with the label began in early 2019 after being approached by Sauti Sol's Bien-Aimé Baraza. She relocated from Mombasa to Nairobi, she testified, with the promise of a formal contract and mentorship that never fully materialized. What followed was a brief but creatively fertile period where she contributed to several popular tracks, including the label's debut hit "Extravaganza," "Ukiwa Mbali," "Lenga," "Intro," and "Favourite Song." However, the collaboration soured, leading to her dismissal on Tuesday, November 7, 2019 (EAT), with the label citing contradictory reasons, including being "flat broke" and Ms. Asige being the "weakest performer."

The Multi-Million Shilling Deals in Question

At the heart of the dispute are lucrative deals with major international corporations. A central point of contention is a partnership inked on Thursday, September 12, 2019 (EAT), between Sol Generation and Dutch airline KLM. The record label admittedly signed a deal worth Sh4.6 million for a one-year campaign to celebrate KLM's centenary, which involved producing a six-track album titled '1919 to Forever'. Ms. Asige's song "Lenga" was a key part of this project. However, Sol Generation’s legal manager, Moriasi Omambia, admitted in court that Ms. Asige did not have a written contract for this deal, claiming a "verbal agreement" was in place. Ms. Asige testified that she was unaware of the specifics of the KLM agreement until around the time of her dismissal.

Furthermore, the lawsuit alleges that Sol Generation profited from a synchronization deal for the song "Extravaganza," which was featured in the 2022 Netflix film 'Country Queen'. While Mr. Omambia stated in court that all songwriters were credited, he also said they had yet to earn anything from the deal pending the resolution of this legal matter. Ms. Asige’s lawyers maintain she has not received any monetary compensation from these third-party deals.

Contracts, Copyright, and Verbal Agreements

The case sheds light on the often-precarious nature of artist agreements in the Kenyan music industry. Ms. Asige testified that she was presented with an "artist development agreement" which she found exploitative. She claimed the five-year deal demanded "360 rights," meaning the label would control and profit from all aspects of her brand, including image, merchandising, and endorsements, and would retain half of her rights for five years after the contract's expiry. Her requests to negotiate a more standard recording contract were allegedly stalled.

Sauti Sol’s defense, presented in part by Mr. Omambia, argues that by funding the production of the musical works, Sol Generation owns the master rights, giving them the authority to commercially exploit the music. Regarding the song "Intro," which appeared on Sauti Sol’s critically acclaimed fifth studio album 'Midnight Train' (2020), the defense contends that the rights are wholly owned by Universal Music Africa. Mr. Omambia admitted that Ms. Asige was not informed about the song's inclusion in the album but stated she was duly credited as a co-author after Universal Music was notified of her contribution. The 'Midnight Train' album has been a massive commercial success, garnering over 500 million streams across various platforms as of June 2025, underscoring the significant financial stakes involved.

Implications for the Kenyan Creative Economy

This legal battle is being closely watched as it could set a significant precedent for intellectual property rights and the enforcement of contracts within Kenya's burgeoning creative sector. The case highlights the vulnerabilities artists face, particularly when dealing with verbal agreements and complex contracts that cede extensive rights to labels. The Constitution of Kenya, 2010, under Article 40, protects intellectual property rights, but the practical application of these protections often hinges on the existence of clear, written agreements.

As an advocate for disability rights, Senator Asige has also accused the label of using her visual impairment as a marketing tool to enhance their public image without providing fair compensation or support. Sol Generation has denied these claims, stating she was treated with care and respect. The outcome of this case could have far-reaching implications for how record labels engage with artists, the importance of legally sound contracts, and the distribution of royalties in an industry where local talent is increasingly achieving global recognition.