The Music Copyright Society of Kenya (MCSK) has been dealt a major legal setback after the Music Copyright Tribunal discharged a crucial interim order that had allowed the organization to continue collecting and distributing royalties.
The ruling, delivered on Thursday, October 31, 2025, by the Tribunal chaired by Elizabeth Lenjo, effectively bars MCSK from operating as a Collective Management Organization (CMO) while its appeal against the license denial proceeds. This decision hands a significant victory to the Kenya Copyright Board (KECOBO), the industry regulator.
The core of the ruling was the lifting of the temporary injunction that had shielded MCSK’s operations following the denial of its 2025–2026 license renewal application.
The Tribunal’s order stated: “The interim order of injunction, stopping, barring, restraining, and/or prohibiting the respondent (KECOBO) from interfering with MCSK from the collection and distribution of royalties and all actions and/or decisions, is hereby discharged.”
The Tribunal’s decision was influenced by recent High Court rulings by Justices Chacha Mwita and John Chigiti, which addressed related disputes within the copyright and music tariff space. It also relied on Section 46A of the Copyright Act, which outlines the legal requirements for CMO operations.
KECOBO, represented by lawyer Alex Nyabwengi, successfully argued that MCSK was operating illegally without a valid license.
- No Valid License: KECOBO stated that MCSK “is neither approved nor authorised as prescribed under Section 2 of the Copyright Act to carry out the functions of a CMO, and thus, the impugned orders sought to permit illegality.”
- Only Two Licensed CMOs: In a public notice on October 14, 2025, the regulator announced that only the Performing and Audio-visual Rights Society of Kenya (PAVRISK) and KAMP Copyright and Related Rights had been licensed to manage royalties for the period beginning November 5, 2025. MCSK, alongside two other entities (FRAK and CMS), was unsuccessful.
- The Tariff Problem: KECOBO further pointed out that all tariffs for royalty collection were nullified by a July 2024 High Court ruling (Justice Chacha Mwita) due to inadequate public participation. KECOBO concluded: “Effectively, there are no tariffs upon which even approved and licensed CMOs can collect royalties,” a fact it accused MCSK of failing to disclose.
MCSK, through Okubasu and Munene Advocates, maintained that KECOBO’s decision to deny its license renewal was unlawful.
The Society argued that the Board erred in claiming it failed to meet key documentation requirements under Regulation 3(i)(c) of the Copyright Regulations 2020. These requirements included certified copies of annual returns and audited financial statements for the past five years, as well as documents authorizing it to manage rights.
With the injunction lifted, the immediate focus shifts back to the ongoing appeal, where the Tribunal has directed KECOBO and the interested parties (PAVRISK and KAMP) to file their formal responses.