TOPSHOPMEDIA.COM: So you say nothing is wrong with our education system?
GUEST: of course yes. The only weakness I see in our education system is that we spend more or all the time teaching and spend less or none inspiring. Bring back arts, music, sports, and make them subjects and see for yourselves. Changing the system won’t work. It may only load more weight on us as parents and perhaps lead to more waste of resources while we need anything we can lay our hands on.
TOPSHOPMEDIA.COM: Sorry for this we’ve gone too far into education but for clarity purposes. You said earlier that education without information is useless. Do you disapprove education?
GUEST: Not really. In the ancient world education was used by the Jews to learn the ways of God. The Egyptians used education to learn about the creation of God. Today education combines both the ways of God and the creation of God. So education is good, apart from illuminating, going to school helps a person into building a social character that proves helpful into making and keeping relationships and work. The people who cannot keep friendships or work for sometime are people who are missing that part. It is likely that they were deprived of their right to education.
TOPSHOPMEDIA.COM: what can you tell us about your album “mounting high”?
GUEST: mounting high comprises of six tracks (mounting high, keep on moving, chosen race, his wounds and bruises, kamba za mauti, giniterwa kanye). Released on 19th of October 2005. The recording was done at chuqua records, Kisumu and I paid for the services just as I was invoiced and receipts were issued.
TOPSHOPMEDIA.COM: where can they be found if someone wants to buy it?
GUEST: I’m not sure how many or who and who conspired to sell and pocket my sweat. But what I know for certain is that Music Copyright Society of Kenya (MCSK) bears all the guilt according to the evidence I have collected so far. So any sales’ being done is illegal. For listening there is a web page at CLick to See where you can log onto and listen for free all the six tracks but if you want to buy my music you will have wait a little longer while we work out a way probably 2-3 months from now.
TOPSHOPMEDIA.COM: how much will it cost per track or the album?
GUEST: amazon.co.uk sells my music per track for 0.74 pounds which translates to about KES100, I get 0.0 pounds or KES0.0 per track download and yet I am the owner, I composed, performed and paid for the recording using KES10 I used to earn from ferrying people on a bicycle hopping that my investment was worth while. The cost might be less considering the complications involved.
TOPSHOPMEDIA.COM: did you say MCSK bears all the guilt according to the evidence you have collected so far?
GUEST: yes, that’s right.
TOPSHOPMEDIA.COM: how
GUEST: first and foremost I never new of a body called MCSK before I did the recording but what made me search for a body of such nature was after I completed the recording with Chuqua and all the mixing were also complete though I wasn’t satisfied with some results of the final outcome and wanted a repeat of some of the tracks like mounting high where the verse I used as an intro was from the bible’s 2nd Corinthians 4:8 but not 1st Corinthians 4:8 as was recorded, Thomas of Chuqua instead refused the correction and wanted to terminate our deal and refund me the deposit I had paid for the recording. When we disagreed on the issue of correction I felt that Thomas had developed a negative agenda and so I accepted his stand and paid the rest of the balance immediately. Once I got my music out of that studio the first thing to look for was a public trustee where I could put my music as I find ways to market my music and I found Music Copyright Society of Kenya (MCSK). They were promising according to advice I got from an MCSK official at Kenya National Assurance Plaza, Kisumu that day. He/She gave me a light green A4 size paper titled [Music Copyright Society of Kenya: GENERAL INFORMATION]. The paper contained information on things like copyright protection, what is copyright and more. I was so impressed. He told me if I get registered with their organization I will be entitled to things like royalty payment and also copyright protection and from exploitation of my work without compensation but first I needed to come with a copy of CD/Tape or anything similar that shows evidence of my work, a copy of my National Identity Card and a list of instruments I used in the creation. So I complied and went back the next day and he helped me fill the membership request form.
TOPSHOPMEDIA.COM: so where and what is their guilt?
GUEST: the information I gave during my membership request and the CD I submitted was the only way MCSK obtained authority to sell my music. According to some information posted on shopping carts on online stores, MCSK presents itself as a label as if they signed me. I was never signed by anyone. The copy of the CD that I submitted for membership purposes was scanned after being pen written Chuqua Production something that wasn’t and isn’t on the original copies I posses.
TOPSHOPMEDIA.COM: why did you mention him/her instead of just giving our readers the pleasure to know who this MCSK official is?
GUEST: It doesn’t help giving up names at this moment, it only worsens the situation. When people or a group of people are involved in such a racket the only rule is “cover your back” meaning that you terminate any evidence that might point to you or one of you even if it be one of your own and who knows whether God might overturn my fate and make the man come back to his senses.
TOPSHOPMEDIA.COM: With such massive evidence why haven’t you filed a copyright infringement suit and for damages caused to your career?
GUEST: Patience pays. If I would have made haste to fight back, the results would now been different and likely catastrophic. I want to talk to someone responsible first. If they agree to talk and pay me royalty fees they owe me for the last 6years and record sales for the same amount of period then that would suffice although I have been trying lately to contact MCSK through its reformed website but without success.
TOPSHOPMEDIA.COM: what of giving them a visit or calling their office telephone line?
GUEST: those are options I have exhausted. Towards the end of 2006 I heard that distribution was ongoing and I decided to pay a visit to their offices in Kisumu. When I got into the office I was greeted by a lady who sounded cruel as cruelty could be, since my visit was on Monday she told me that distribution date had expired on Friday and the remaining cash has been sent back to Nairobi.
TOPSHOPMEDIA.COM: what do you mean?
GUEST: Yes, that’s what she said. The money they crisscrossed the country collecting on my behalf as royalty for that year I was and will never get. Rule 5 (e) of the Rules and regulations of MCSK reads; “all sums allocated and unclaimed for three years after the sending out of the society’s warrant for same, or notice there of to the last known address of a member or of the person to whom he has directed payment there of to be made, shall be forfeited and place in the reserve fund”. The question is why was the decision to send the money back to Nairobi made too quickly and in less than 1 month? The arithmetic was very simple and the following is the theory I profiled so far. “All distributions were done unexpectedly so that only the selected few know about it. Those who will know about the distribution will receive their payment while those who never new or learned latter of the distribution, their money will go into private pockets hence Reserved Fund”.
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