Music Copyright Society of Kenya Barred from Collecting Royalties
The High Court has barred the Music Copyright Society of Kenya from collecting royalties from copyright users. The ruling came on Friday, February 13. Consequently, MCSK cannot levy fees during the disputed licensing period.
The decision followed action by Kenya Copyright Board. The board declined to renew MCSK’s licence as a Collective Management Organisation. Therefore, the agency lost legal authority to collect royalties.
KECOBO cited compliance failures in its decision. Officials accused MCSK of failing to submit certified annual returns. Additionally, the agency lacked audited accounts for five years.
Regulators also raised financial accountability concerns. They alleged MCSK failed to explain KSh56 million in artist royalties. As a result, scrutiny around governance intensified.
Court Affirms Licensing Oversight Process
Earlier, the High Court upheld KECOBO’s refusal to renew the licence. The court emphasized the proper dispute resolution process. Therefore, licensing appeals must begin at the Copyright Tribunal.
Judges ruled that MCSK bypassed the required legal channel. Consequently, the High Court could not hear the matter directly. The bench classified the case as a licensing appeal.
Although petitioners framed it as constitutional, the court disagreed. Judges ruled the dispute centered on administrative licensing. Thus, the Tribunal holds primary jurisdiction.
Constitutional Claims Fail to Shift Outcome
MCSK members argued that KECOBO violated constitutional rights. They cited Article 47 on fair administrative action. They also invoked Article 40 on property protection.
However, the court maintained a procedural focus. It ruled that constitutional framing could not override statutory procedure. Therefore, the licensing pathway remained binding.
Fresh applications continued after the ruling. Nevertheless, courts declined to restore collection authority. The dispute remains active within regulatory channels.
Royalties Collection Remains Suspended
Earlier warnings reinforced the suspension. KECOBO advised the public not to pay royalties to MCSK. That directive followed earlier court decisions in 2025.
By late 2025, courts refused reinstatement requests. Unresolved licensing issues moved to future hearings. Meanwhile, collections stayed frozen for most of the year.
The latest ruling strengthens regulatory oversight. It signals stricter enforcement in Kenya’s copyright sector. Ultimately, artists await a stable collection framework.
