TV PRODUCER SHEILA MULINYA SUES KBC FOR COPYRIGHT INFRINGEMENT

Acclaimed independent filmmaker, television producer Sheila Mulinya has filed a lawsuit at the Milimani High Court against the Kenya Broadcasting Corporation (KBC) and several associated individuals for alleged copyright infringement and unauthorised use of her original television programme concept.

The suit, filed through her legal counsel J. I. Khayumbi & Company Advocates, names as respondents Agnes Kalekye Nguna (Managing Director, KBC), Michael Ndetei (KBC TV Programmes Manager), producers Samwel Muchiri and Frank Mutoka, and social media influencer Racheal “Pika na Raych” Gitau, who hosts and promotes the programme in question.

The dispute centres on Mulinya’s original 52-episode television series concept, To Have and To Hold, the pilot episode of which she submitted to KBC’s TV Programmes Manager, Ndetei, in 2019 for consideration. After initial expressions of interest, communication from KBC ceased, and no formal decision regarding the project was ever conveyed to her.

In early 2025, KBC began broadcasting a programme titled Heart and Soul. Mulinya identified what she alleges are striking similarities between the aired programme and the copyrighted material she submitted, similarities she contends far exceed coincidence.

Prior to legal action, a formal demand letter was sent to the Managing Director of KBC. Following subsequent correspondence, Mulinya sought to seek the court’s intervention to protect her intellectual property rights.

Mulinya says that this case extends beyond an individual grievance. It highlights a systemic issue within Kenya’s film and television production sector, where creators often submit original work on speculation, only to see their ideas later exploited without consent, credit, or compensation.

“It is important for the public to understand the structural challenges facing local film and television producers and the creative sector more broadly. A culture in which original work is copied, sidelined or undervalued undermines the growth of Kenya’s creative industry and the orange economy at large, ultimately discouraging talent from pursuing sustainable careers in the creative fields.”

The case is currently pending before Justice Prof. Situma Nixon at the High Court of Kenya. The case is scheduled for mention on 5th March 2026.