The High Court sitting in Milimani has issued a firm directive barring the Music Copyright Society of Kenya (MCSK) from collecting royalties from users of copyrighted music.
The ruling, which reinforces a long-standing standoff between the society and the Kenya Copyright Board (KECOBO), effectively renders any current attempt by MCSK or its agents to collect fees an illegal offense punishable by law.
The court’s decision follows KECOBO’s refusal to renew MCSK’s operating license for the 2025–2026 period. Under the Copyright Act, Collective Management Organizations (CMOs) must meet strict transparency requirements to operate.
According to KECOBO, MCSK failed to provide critical documentation, including:
- Audited financial statements for previous years.
- A verified list of members and their works.
- Proof of royalty distributions to artists.
In a recent hearing, Justice Patrick Otieno struck out MCSK’s petition to overturn the licensing ban. He noted that the society had failed to exhaust the necessary dispute resolution mechanisms, specifically the Copyright Tribunal, before seeking High Court intervention.
To prevent confusion among business owners, including salons, hotels, bars, and public transport operators, KECOBO has clarified that only two organizations are currently licensed to collect royalties in Kenya:
- KAMP (Kamp Copyright and Related Rights Limited): Representing producers of sound recordings.
- PAVRISK (Performing and Audio-Visual Rights Society of Kenya): Representing performers and audio-visual rightsholders.
The National Police Service and the Directorate of Criminal Investigations (DCI) have been alerted to monitor unauthorized collection activities. Business owners are urged to exercise caution:
- Any invoice bearing the MCSK logo or any “joint license” that includes MCSK is currently legally invalid.
- Valid royalty payments must now be processed through the e-Citizen portal or accompanied by a KRA e-TIMS certificate to ensure the funds reach the intended artists.
- Attempting to collect royalties without a valid license is a criminal offense under Section 46(12) of the Copyright Act.
The High Court has scheduled a full hearing on the dispute for July 2026. Until then, the ban remains in full force.
If you are a business owner approached by individuals claiming to be royalty collectors, demand to see a current KECOBO Operating License for the year 2026. If they cannot provide one, do not make any payments and report the incident to the nearest police station or KECOBO offices.