High Court blocks MCSK from collecting royalties, again
National
By
Nancy Gitonga
| Dec 16, 2025
For the second time in a row, the Music Copyright Society of Kenya (MCSK) has suffered a major setback after the High Court declined to suspend a Tribunal ruling that bars it from collecting and distributing royalties.
Milimani High Court Judge Justice Linus Kassan yesterday turned down the request for an order to stay the Copyright Tribunal decision and instead directed that the matter be heard in July next year.
"Upon perusal of the motion dated December 10, 2025 by MCSK, I direct that the matter be heard inter partes on July 21, 2026," Justice Kassan ordered.
MCSK, represented by lawyer Dancun O’Kubasu, had filed an application in court under certificate of urgency following the Tribunal’s decision which barred it from collecting and distributing the royalties.
In addition, the society had also urged the court to suspend Kenya Copyright Board's (KECOBO’s) October 14, 2025, decision declining to renew its operating license and requested injunctions restraining KECOBO and the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) from interfering with its operations.
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In its application, MCSK argued that the Tribunal erred in law by misinterpreting and misapplying the Copyright Act (Collection Management Regulations, 2020) by imposing a rigid threshold of compliance and failing to properly assess whether the alluded deficiencies amounted to sufficient grounds to deny MCSK registration.
The Tribunal, in a November 25, 2025 judgment, discharged an earlier interim order that had temporarily allowed MCSK to collect royalties, effectively depriving the society of lawful authority to collect royalties or issue unified licenses, as it lacked a valid license to operate as a Collection Management Organisation (CMO).
The case stems from a Notice and Memorandum of Appeal filed by MCSK on October 16, 2025, challenging KECOBO’s decision to reject its application for renewal of a CMO operating license for the 2025–2026 period.
"The interim order of injunction, stopping, barring, restraining, and/or prohibiting the respondent, either acting directly or through its officers, servants, employees, agents, or anyone, howsoever, from interfering with MCSK from the collection and distribution of royalties and all actions and/or decisions, is hereby discharged," stated the order signed by Elizabeth Lenjo.
The Tribunal cited recent High Court judgments by Justice Chacha Mwita and Justice John Chigiti, which addressed similar issues regarding collective management and tariff regulations in the music industry.
In its response, KECOBO, through lawyer Alex Nyabwengi, argued that only a duly licensed CMO can legally collect royalties.
"The appellant is neither approved nor authorised as prescribed under Section 2 of the Copyright Act to carry out functions of a CMO, and thus, the impugned orders seek to permit illegality," Nyabwengi stated.
On October 14, 2025, KECOBO issued operating licenses to PAVRISK and Kenya Association of Music Producers (KAMP) Copyright and Related Rights only, effective November 5, 2025, leaving MCSK, Film Makers Rights Achievers of Kenya (FRAK), and Collective Management Services (CMS) unsuccessful.
PAVRISK and KAMP are listed as interested parties in MCSK’s appeal.
MCSK has also been embroiled in leadership wrangles, with two factions of directors claiming control of the society. One faction is led by Ephantus Wahome Kamau as chairman and Ezekiel Mutua, the Chief Executive Officer while the other is headed by Lazarus Muli with Richard Sereti as acting Chief Executive Officer.