A man walks past a Coldstone Creamery outlet in Nairobi. The US firm
has sued musician David Oreyo Ngala through its local franchise holder
Om Nom Nom Ltd. PHOTO | DIANA NGILA
By BRIAN WASUNA, bwasuna@ke.nationmedia.com
American ice cream seller Coldstone Creameries has
sued a local musician for posting on YouTube a music video that he shot
at its Westlands parlour despite its objections to the move.
Coldstone has asked the Constitutional and Human Rights
court to compel David Oreyo Ngala to pull down the video, which it
considers to be sexually explicit, and bar the artiste from making it
public, arguing it could destroy the firm’s brand.
Mr Ngala, who goes by the stage name Ngalah the
Brand, shot the video at the parlour on March 1 with permission from
Coldstone, which now says it had warned the artiste not to make the
video public after reviewing it.
The artiste is yet to respond to the suit. Justice
Isaac Lenaola has ordered Mr Ngala to respond to the suit before May 20
when the matter comes up before the judge.
Coldstone has sued through its local franchise holder Om Nom Nom Limited, which also runs pizza chain Dominos in Kenya.
“Om Nom Nom categorically affirms that in its
fundamental belief the video is depraved and damaging to the respectable
reputation of the petitioner and licensed brands of Dominos and
Coldstone. Despite the warning not to release the video, Mr Ngala has
emphatically said that he will release it. In fact, the respondent has
already posted the video on YouTube,” says Coldstone.
Mr Ngala is a guitarist for popular local band
Yunasi which plays a brand of music it has dubbed Sesube — a mixture of
Sega, Isikuti and Benga. Coldstone has enjoined the Kenya Film
Classification Board in the suit, and says it has already lodged a
complaint with the Ezekiel Mutua-led regulator.
The ice cream seller does not however specify whether the regulator has taken any action regarding its complaint.
Immoral behaviour
Om Nom Nom started operating the two franchises in
Nairobi in 2014, and plans to expand its business to 16 outlets at a
cost of about Sh445 million. The firm has a 10-year franchise contract
with Dominos and Coldstone that expires in 2024.
The fast food chain says the music video will
permanently link its Dominos and Coldstone brands to sexual content and
promotion of immoral behaviour hence damage its image locally and
internationally.
Katherine Njeru, a human resource manager at Om Nom
Nom, says that Mr Ngala’s threat to release the music video to the
public has infringed on the firm’s freedom of conscience and its right
to dignity.
She wants Justice Lenaola to bar Mr Ngala from
further promoting the disputed music video on social networking sites
pending the determination of Om Nom Nom’s petition.
Ms Njeru adds that Om Nom Nom tried to resolve the
dispute amicably by offering to help Mr Ngala edit out the parts deemed
offensive, but that he instead threatened to release the video.
“Om Nom Nom, through its digital manager, even
offered to help Mr Ngala edit the video to meet brand standards.
However, he has frustrated any such efforts. Mr Ngala through an email
dated April 27, blackmailed Om Nom Nom that he will release the video in
a bid to arm twist the petitioner to yield to his unconscionable
demands,” Ms Njeru says
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