Artist Behind Viral Raila Odinga ‘Sunset’ Portrait Secures Copyright to Protect Commercial Rights

Kisumu-based visual artist Collins Omondi Okello,  the creator of the viral “Sunset of the Enigma” artwork depicting the late former Prime Minister Raila Odinga,  has officially secured a copyright certificate to protect the piece from unauthorized commercial exploitation.

Okello made the announcement on Facebook on Tuesday, noting that the move was not intended to restrict Kenyans from reposting or sharing the artwork, but to prevent individuals and businesses from profiting from it without consent.

“I finally have the certificate for the artwork. Changing the narrative one milestone at a time,” he wrote. “This is not an action against reposting, resharing or fair use,  this is to protect against unscrupulous businesspeople who use the artwork for their own commercial gain without seeking authority or following the laid-down guidelines.”

The artwork, created shortly after Odinga’s death, quickly went viral and became a symbolic tribute shared widely across social media. Okello,  who met Raila a decade ago and once gifted him a pencil portrait,  makes his living from art and soon began selling officially signed copies.

His printed t-shirts were priced at Ksh1,500, caps at Ksh900, while limited edition signed epoxy mounts ranged from Ksh3,500 to Ksh15,500 depending on size. However, the surge of unauthorized commercial reproductions prompted him to apply for legal protection, which he did on October 23.

Under Kenya’s Copyright Act, fair use (referred to as “fair dealing”) allows individuals to repost or use copyrighted works for non-commercial purposes such as commentary, reporting current events, education, or research,  provided the source is credited. However, using such content for profit without permission remains illegal.

While the law outlines clear categories for fair use, the courts ultimately determine on a case-by-case basis what constitutes infringement.