NAIROBI, Kenya- The Kenyan High Court has ruled in favor of five music producers, allowing them to proceed with a lawsuit against Safaricom over unpaid royalties from the popular Skiza Tune service.
The decision, marks a significant development in the country’s ongoing disputes over transparency and accountability in music royalty distribution.
The producers had filed a lawsuit claiming that they were owed millions of shillings for music used as caller ring-back tones, popularly known as Skiza Tunes.
Safaricom and other defendants sought to have the case dismissed at a preliminary stage, arguing that the producers’ claims lacked merit. The High Court rejected this plea, clearing the way for the substantive hearing of the case.
Skiza Tunes, operated by Safaricom, allows subscribers to set a song as a caller’s ring-back tone. Every time the tune is heard by a caller, revenue is generated.
These funds are meant to be distributed to the song’s rights holders, including composers, artists, and producers, typically through intermediaries such as Collective Management Organisations (CMOs).
Disputes over the accuracy and transparency of these payments have been a recurring issue in Kenya’s music industry.
The High Court ruling does not award the producers any money at this stage.
Instead, it allows the legal process to move forward, enabling the producers to present evidence and make their claims against the defendants.
This means that Safaricom and other parties will now face detailed scrutiny of their accounting and distribution practices relating to Skiza Tune revenues.
The case comes amid growing legal and policy attention on how royalties from digital music services are collected and disbursed.
In Kenya, CMOs such as the Music Copyright Society of Kenya (MCSK) and the Kenya Association of Music Producers (KAMP) have traditionally managed royalty collection and distribution.
However, longstanding complaints from artists and producers about delayed payments and lack of transparency have prompted calls for reform.
Earlier this year, the High Court had issued rulings affecting CMOs, including orders for certain organisations to halt collection activities due to licensing concerns.
The Kenya Copyright Board (KECOBO) has also introduced stricter conditions for licensing CMOs, including requirements for digital systems to manage royalty operations efficiently.
These changes signal an environment in which the collection and distribution of royalties are under closer scrutiny.
The producers’ lawsuit now proceeds to the next stage, where evidence, financial records, and contractual obligations will be examined in detail.
The case is expected to involve comprehensive audits and a review of revenue from Skiza Tunes, potentially providing greater clarity on how payments have been handled.
While Safaricom has not issued a public statement regarding the ruling, the company has historically emphasized compliance with licensing agreements and revenue-sharing arrangements.
The outcome of the lawsuit could have implications for how digital royalties are managed in the future, potentially prompting reforms in how music revenue streams are tracked and distributed.
