The High Court of Kenya has ruled against the Music Copyright Society of Kenya (MCSK), barring it from collecting royalties on behalf of its members. The decision follows a petition by MCSK that was dismissed on March 3, 2025, by Lady Justice J. W. Wong’are, who ruled that the society failed to follow proper legal channels under the Copyright Act.
According to the Kenya Copyright Board (KECOBO), the court’s decision clarifies that MCSK does not have the authority to act as a Collective Management Organization (CMO) and collect royalties. “MCSK is further directed to forthwith cease and desist from presenting itself to the public and music users as a licensed CMO,” the board stated in its official notice.
The legal battle stems from a dispute over licensing that has been ongoing since June 2024. The Kenya Copyright Board had previously licensed PAVRISK to collect royalties for music rights in that period. However, this decision was later overturned by the Copyright Tribunal in case number COPTA/E002/2024. An appeal against this revocation is still pending in the High Court of Kenya.
KECOBO also issued a stern warning to any entity attempting to collect royalties without proper authorization. “Take notice that under Section 46 (12) of the Copyright Act, any person who purports to collect royalties from users without the authority of the Kenya Copyright Board commits an offence and is liable to a fine or a jail term upon conviction,” said George Nyakweba, Acting Executive Director of KECOBO.
As legal proceedings continue, KECOBO has urged patience from the public and music industry stakeholders. “We urge the public to be patient as the Government works towards streamlining the sector for the good of all creatives,” the board’s statement added.
This ruling marks a significant development in Kenya’s creative industry as it seeks to establish clear and fair structures for royalty collection and distribution.
