NAIROBI, Kenya – The Music Copyright Society of Kenya (MCSK) has suffered a major setback after the Copyright Tribunal lifted interim orders that had allowed it to continue collecting and distributing royalties.
In a ruling delivered on Thursday, the Tribunal chaired by Elizabeth Lenjo discharged the injunction that had temporarily shielded MCSK’s operations, citing recent High Court rulings that clarified disputes over licensing and music tariffs.
“The interim order of injunction, stopping, barring, restraining, and/or prohibiting the respondent from interfering with MCSK from the collection and distribution of royalties and all actions and/or decisions, is hereby discharged,” read the order signed by the Tribunal chairperson.
The decision means MCSK can no longer legally collect or distribute royalties until its appeal against the Kenya Copyright Board (KECOBO) is determined.
KECOBO Argues MCSK Lacks Licence
The Tribunal’s ruling follows submissions by KECOBO, which accused MCSK of operating as a collective management organisation (CMO) without a valid licence.
Through its lawyer Alex Nyabwengi, the board said MCSK’s application for licence renewal for the 2025–2026 period was rejected for non-compliance with the Copyright Act.
“The appellant is neither approved nor authorised as prescribed under Section 2 of the Copyright Act, Cap 130, to carry out the functions of a CMO, and thus, the impugned orders sought to permit illegality,” KECOBO stated.
KECOBO maintained that only the Performing and Audio-visual Rights Society of Kenya (PAVRISK) and KAMP Copyright and Related Rights are currently authorised to collect royalties for a one-year period effective November 5, 2025.
Applications from MCSK, Film Makers Rights Achievers of Kenya (FRAK), and Collective Management Services (CMS) were unsuccessful.
Legal and Regulatory Context
The Tribunal relied on Section 46A of the Copyright Act, which sets out requirements for collective management operations.
It also noted two High Court rulings — by Justices Chacha Mwita and John Chigiti — that have recently shaped the copyright landscape.
In one of those rulings, Justice Mwita nullified the 2023 music tariffs under Legal Notice No. 84 for lack of public participation, effectively suspending the legal basis for royalty collection.
KECOBO told the Tribunal that it has since submitted revised 2025–2028 tariffs to the Ministry of Youth Affairs, Creative Economy and Sports for publication, in compliance with the court’s directive.
MCSK Fights Back
MCSK, represented by Okubasu and Munene Advocates, has maintained that KECOBO’s decision to deny its licence renewal was “unlawful and unreasonable.”
The Society argued that the regulator wrongly accused it of failing to provide required documents, including audited financial statements, annual returns, and proof of members’ authorization.
“KECOBO erred in law in finding that the appellant failed to meet these documentation requirements,” MCSK stated in its appeal.
The Tribunal directed KECOBO and other interested parties to file their responses within the statutory period before it issues further directions.
