High Court Blocks MCSK from Collecting Music Royalties
The High Court in Kenya has delivered a significant ruling on February 13, barring the Music Copyright Society of Kenya (MCSK) from collecting royalties from users of copyrighted music.
This decision stems from the Kenya Copyright Board (KECOBO)'s earlier refusal to renew MCSK's license as a Collective Management Organisation (CMO) for the 2025/2026 period, citing issues such as failure to submit certified annual returns and audited accounts for five years, plus allegations of misappropriating around Ksh56 million in artist royalties.
In its judgment, the court emphasized that disputes over the refusal or non-renewal of a CMO license must first be addressed by the specialized Copyright Tribunal under the Copyright Act, rather than jumping directly to the High Court. The petitions filed by MCSK members, framed as constitutional violations of fair administrative action and property rights, were deemed disguised appeals that bypassed the required exhaustion of remedies. As a result, the High Court declined jurisdiction on the merits and upheld KECOBO's stance, effectively suspending MCSK's authority to levy or collect any royalties pending proper resolution through the Tribunal.
This latest order reinforces earlier warnings from KECOBO in 2025, urging the public not to make payments to MCSK due to its lack of valid licensing. The ruling marks a major setback for the organization and its CEO Ezekiel Mutua amid prolonged regulatory and legal battles, leaving royalty collection and distribution in limbo while technical disputes over licensing and accountability proceed through the appropriate channels.
