Kenyan court denies musicians' application

Drummer Amani Baya and guitarist Jack Muguna were in court for a mention of their case and determination of an application by their lawyer, Kevin Ndolo. The pair were arrested and charged with operating a sound amplifying device contrary to regulations on 28 January at which point their equipment was also confiscated.

“The court has refuted our application to secure the release of the musical equipment stating that the prosecution needs them to prove their case,” Ndolo told Music In Africa. “The prosecution also argued that since the hearing is just in a week’s timet here should be no rush to release the gear.

"I can’t comment about a matter that is before the court but it seems the legislation didn’t totally think through the workability of this law. There is a big disconnect between the law as it is and its enforcements. The regulations are just too broad. They need to be amended so they can be in touch with reality.”

Arbitrary arrest of musicians and DJs by officials believed to be from the Nairobi County government and the National Environment Management Authority (NEMA) have become common place in the recent past. On 11 January, The Star newspaper reported that NEMA had ordered the shutdown of popular Nairobi entertainment spots Kiza and Jiweke Tavern. This was barely a week after the shuttering of B-Club and Space for alleged noise pollution.

Although there is no contention on the need to maintain noise within agreed levels, the arrests of DJs and musicians during raids have given the creative sector reason to be concerned. Officials often confiscate equipment belonging to music professionals and in the process cripple their day-to-day operations. Many say it is club owners' responsibility to ensure that venues are soundproofed, and that it is club owners who should be held accountable.

MacKinlay Mutsembi is a session musician with the Nairobi Horns Project. He was playing with the pair at Marquee Sky Bar and Lounge in Westlands on 28 January when they were arrested and barely missed being taken in himself after he stepped offstage when the officers arrived.

Speaking exclusively to Music In Africa, Mutsembi described the raid in which the officers stormed the venue.

“They seized our instruments and carelessly tossed them into the back of their car without flight cases,” Mutsembi said. “I had forcefully put them in their cases to avoid damage. In the month of January alone this was the second raid I was caught up in. It’s a very common thing but this time we decided to take action.”

What followed was a social media outcry and a fundraiser to secure the musicians’ release. Shamsi Music drummer Kenn 'Biggie' Njoroge took it upon himself to coordinate the fundraising and support that led to the release of the two musicians.

“We raised 200 000 Kenyan shillings ($1 900), about half of that went into the cash bail and the rest covered logistical cost and legal fees,” Biggie said. “Thanks to the financial and moral support of musicians we will see this case to the end.

“There’s a need to build stronger unions and associations that can better deal with this kind of situations. Enforcement of laws is not an excuse to harass hardworking musicians who are just trying to make an honest living.”

Mutsembi added: “I am a provider of entertainment services, whether directly or by proxy. If I cannot do my work without fear of arrest then how can I make a honest living? This is becoming more of an extortion ring and something needs to be done.”