The High Court has barred the Music Copyright Society of Kenya (MCSK) from collecting royalties from copyright users.
This new development comes after the Kenya Copyright Board (KECOBO) declined to renew MCSK’s licence as a Collective Management Organisation (CMO) for the 2025/2026 licensing period.
MCSK was accused of failing to submit certified annual returns and audited accounts for the preceding five years.
The agency was also accused of financial misappropriation for failing to account for KSh 56 million in artist royalties.
According to reports, the High Court upheld KECOBO’s decision not to renew MCSK’s licence, allowing it to collect and distribute music royalties on behalf of Kenyan artists.
The court found that under the Copyright Act, any dispute over the refusal or renewal of a collective management licence must first be handled by the Copyright Tribunal.
Since the matter had not been handled yet by the Court Tribunal, the case could not be heard by the High Court.
The dispute remained before the High Court even after the ruling because fresh applications continued to be filed challenging the licence decision.
Members of the MCSK submitted teir grievances as constitutional petitions rather than standard licensing appeals.
In their grievances, they argued that the refusal by the Kenya Copyright Board violated their rights to fair administrative action under Article 47 and protection of property under Article 40 of the Constitution.
