Kenyan artist Collins Omondi Okello’s decision to copyright his viral portrait of Raila Odinga has set off fresh conversations about intellectual property rights.
The artwork — popularly known as the Baba portrait — gained massive traction online following the passing on of ODM Party leader Raila Odinga, becoming one of the most recognizable cultural images of 2025. Within days of its release, the portrait was reproduced on T-shirts, posters, merchandise, and digital advertisements.
However, many of those reproductions, according to Omondi, were done without his authorization, prompting him to take legal steps to formally register the work.
“I have received so many concerns about the widespread use of my artwork for commercial purposes by so many businesses,” Omondi said on social media. “It is disheartening, but it is the reality of creatives, especially for art like this where someone can easily crop out watermarks or not acknowledge the creator.”
While copyright registration reinforces legal protection, an artist’s ownership rights automatically exist from the moment a work is created.
According to the Kenya Copyright Board (KECOBO), artists have exclusive rights over their creations, including the right to reproduce, distribute, or license their work for profit. Any unauthorized commercial use of a copyrighted image can result in fines, injunctions, or settlements.
Many businesses assume that if something goes viral, it’s free to use but under the Copyright Act, using someone’s art for branding, marketing, or product sales without permission amounts to infringement — even if it was posted publicly online.
The risk, extends to businesses that purchased or repurposed the image from other vendors without verifying rights. If the original vendor lacked authorization, all downstream users are technically in violation as well.
Businesses using the portrait in advertisements or on merchandise could face civil action requiring them to cease use, compensate the artist, or enter into a retroactive licensing agreement.
For ordinary social media users, however, the legal exposure is narrower. Reposting an image for non-commercial purposes is usually protected under fair use, as long as it’s not being sold or used to promote a brand.
Still, repeated or large-scale use — such as influencer campaigns or monetized pages — could cross into infringement territory.
The controversy highlights the growing tension between online virality and artistic ownership in Kenya’s creative industry. Many businesses rush to use trending visuals to attract engagement, often overlooking the rights of the creators behind them.
In response to the issue, Omondi urged fans and brands to respect artists’ work, adding that support can come through credit, acknowledgment, or direct purchase. “You can support my work by keeping the watermark on when you share the image, or acknowledging the artiste,” he said.
Some businesses that had printed merchandise featuring the portrait have since taken down their posts or halted production. Others are reportedly reaching out to the artist for clarification or licensing arrangements.
KECOBO has previously advised that creators who believe their work has been misused should first document evidence of infringement and then file a formal complaint.
Legal observers believe Omondi’s case could become a precedent-setting example for local artists — demonstrating how copyright registration can empower creators to reclaim control of their intellectual property.
