Uganda’s High Court has delivered a landmark judgment in the MK Publishers case, ruling that the company must pay author and teacher Annette Najjemba Shs 100 million in damages for unlawfully selling her children’s stories to the Rwandan government. The decision strengthens intellectual property protection in Uganda’s publishing sector and underscores the importance of written consent in cross-border publishing deals.
Justice Patience T.E. Rubagumya of the Commercial Division found MK Publishers guilty of copyright infringement after it altered and sold Najjemba’s literary work, Our Folktales, as part of MK Audio Stories distributed in Rwandan primary schools. The publisher had presented the stories as its own and reproduced them without the author’s authorization.
Court Finds MK Publishers at Fault
The MK Publishers case stemmed from a 2012 submission when Najjemba shared an abridged version of her manuscript for consideration. Years later, she discovered that four of her stories—Mukoijo the Glutton, The Cruel Step Mother, Muvubi and His Fish Friends, and Kaleku and the Enormous Beast—had been modified to fit Rwandan culture and sold to Rwanda’s Ministry of Education.
Compact discs containing the adapted stories bore the logos of both MK Publishers and the Rwandan government. During cross-examination, MK’s editor-in-chief Sam Serwanga admitted that Najjemba’s stories had been used and that she received no credit as the author.
Justice Rubagumya Rules for the Author
In her ruling, Justice Rubagumya rejected MK Publishers’ defense that Najjemba had given “implied consent,” citing Uganda’s Copyright and Neighbouring Rights Act. The law mandates that any transfer or licensing of rights must be in writing and signed by the author. “The Defendant had no valid written licence, assignment or transfer authorizing it to alter, adapt and reproduce her literary work,” she stated.
The MK Publishers case sets a strong precedent for authors seeking to protect their creative rights. The court ordered the publisher to pay Najjemba 30% royalties from profits earned on the Rwandan deal, plus 24% annual interest until full payment. In addition, she was awarded Shs 70 million in general damages and Shs 30 million in exemplary damages, each accruing 6% interest from the judgment date.
Court Bars Further Use of Najjemba’s Work
Justice Rubagumya issued a permanent injunction preventing MK Publishers, its employees, and agents from further using or distributing Our Folktales. The court, however, declined to order destruction of the distributed copies, noting that they were already in Rwandan government possession.
The ruling reinforces the growing accountability in East Africa’s creative industry. By closing the MK Publishers case in Najjemba’s favor, the court emphasized that authors must be respected, credited, and fairly compensated for their intellectual work.
