The High Court has referred a case filed by the Music Copyright Society of Kenya (MCSK) to the Copyright Tribunal.
MCSK had filed a petition seeking to collect royalties on behalf of musicians.
The lawsuit filed by MCSK through Wachira and Mumbi Advocates has named KECOBO and its officials as respondents.
MCSK had sought to restrain Performing and Audio-Visual Rights Society of Kenya (PVRISK) from using its license to collect royalties on behalf of MCSK members, arguing that it had the legal right to continue collecting royalties based on its previous issued license, which expired in June 2024.
In a court ruling delivered by Justice Mongare, he explained that MCSK had not exhausted all internal mechanisms for dispute resolution as required by law.
Apart from that, he emphasized that disputes of such nature must first be resolved by the legally designated body.
“I will therefore not consider the application on merit at this point. In conclusion, I find merit on the preliminary objection”, Justice Mongare stated.
The matter being directed to the Copyright Tribunal will mean that MCSK will not be able to collect and distribute royalties until its resolved.
