NAIROBI, Kenya – The High Court has declined to hear a case filed by the Music Copyright Society of Kenya (MCSK) over royalties, instead directing that the matter be determined by the Copyright Tribunal.
In its ruling, the court found that MCSK had bypassed the legally required dispute resolution mechanisms, rendering its petition premature.
The respondents had challenged the case through a preliminary objection, arguing that the Copyright Tribunal was the proper forum for handling such disputes.
Citing the Copyright Act, the court upheld this objection, emphasizing that disputes of this nature must first be resolved by the designated regulatory body.
“I will therefore not proceed to consider the application on merit at this point,” the court stated.
This ruling deals a setback to MCSK, which had sought court intervention in a dispute that directly affects the collection and distribution of royalties to its members.
PRESS RELEASE MCSK AFFIRMS TRIBUNAL’S DECISION ON MUSIC COPYRIGHT LICENSES. Read more here: mcsk.or.ke/wp-content/upl…
The organization will now have to present its case before the Copyright Tribunal, delaying any potential resolution.
The decision reinforces the legal principle that parties must exhaust internal dispute resolution mechanisms before seeking judicial intervention.
It also means that artists and other rights holders affiliated with MCSK may face further delays in receiving their royalties as the matter plays out in the tribunal.
