TV PRODUCER SHEILA MULINYA ISSUES CEASE AND DESIST LETTER TO KBC 

TV producer Sheila Joy Mulinya, through her lawyers MNO Advocates LLP, has served the Kenya Broadcasting Corporation (KBC) with a cease and desist letter. 

She demands the immediate halt of the KBC show Heart and Soul, which Mulinya alleges is a direct copy of her original registered work, To Have and To Hold.

Mulinya says she submitted show to KBC in 2019. Her original show concept was shared with Michael Ndetei, then a Television Programmes Manager at the broadcaster, who acknowledged receipt and expressed interest before ceasing all communication. 

Years later, Mulinya discovered KBC airing Heart and Soul, a show that her legal team describes as bearing striking similarities to her own work in concept, theme, story structure, and execution style.

“It is profoundly disheartening to see a national broadcaster produce a show that so closely mirrors the unique creative vision I entrusted to them years ago,” said Mulinya.  “As creators, our ideas are our livelihood. To have mine allegedly taken and repurposed without permission is not just theft; it undermines the entire creative industry in Kenya.”

The letter from MNO Advocates details a side-by-side comparison of the two shows, highlighting identical narrative segments, from the specific sequence of couple interviews to a unique segment where one partner performs a creative tribute. The firm asserts that the similarities far exceed generic inspiration and constitute infringement of Mulinya’s copyright.

“Our client’s original work is a valuable asset, born from significant investment of creative effort and resources,” stated S. Amanu Chitechi, Head of Litigation at MNO Advocates LLP. “The evidence suggests that KBC and specific employees, including Mr. Ndetei who is now credited as the Executive Producer of ‘Heart and Soul’ have engaged in a brazen act of intellectual property theft.”

The demands issued to KBC include: The immediate cessation of all broadcast and marketing of Heart and Soul. A formal, public apology to Mulinya. A full accounting of all profits generated by the show to determine damages and cooperation in the destruction of all existing copies of the program.

Mulinya and her legal team have given KBC seven days to comply before proceeding with a full copyright infringement lawsuit under the Copyright Act 2001. The letter also places four KBC employees Michael Ndetei, Samwel Muchiri, Frank Mutoka, and Racheal Gitau on notice for their personal liability in the matter.