In a significant blow to the Music Copyright Society of Kenya (MCSK), the High Court has ruled that the organization can no longer collect money from businesses and individuals using music. This ruling comes after a series of legal battles that began when the Kenya Copyright Board (KECOBO) refused to renew MCSK’s license for 2025-2026.
The decision stems from MCSK’s failure to meet the basic requirements of submitting certified annual returns and audited accounts for the past five years—critical documents needed to demonstrate proper management of royalties. Without these documents, KECOBO argued that MCSK couldn’t prove that it was handling royalties responsibly.
MCSK initially contested KECOBO’s refusal, framing it as a violation of their constitutional rights to fair administrative action and property protection. However, the High Court dismissed this argument, ruling that MCSK was attempting to bypass the proper legal processes by challenging the decision outside of the Copyright Tribunal, which is the designated body for handling licensing disputes.
MCSK’s Operations Shut Down
In addition to the court ruling, the Copyright Tribunal also revoked the temporary permissions that allowed MCSK to continue collecting royalties while the case was pending. With no valid license, MCSK no longer has the authority to collect fees on behalf of Kenyan artists. This has left the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) as the only licensed organization authorized to collect music royalties in Kenya.
Consequences of Unlawful Fee Collection
KECOBO has issued a clear warning to the public: paying MCSK for royalties is now illegal. Businesses and individuals who continue to pay MCSK risk paying twice—once to an unlicensed organization that cannot legally distribute the funds and again to PAVRISK, the legitimate body authorized to collect and manage royalties.
For MCSK, the court’s ruling has serious consequences. Any attempt to collect royalties without a license is considered unlawful and could result in legal penalties for both the organization and its agents.
What This Means for Artists
As a result of this ruling, artists hoping to receive royalties will need to turn to PAVRISK, which remains the only licensed body able to manage music royalties during this period. Artists can rest assured that payments made to PAVRISK will be legitimate and properly distributed.
The case is far from over, with a full hearing scheduled for July 2026, where all parties will present their arguments in greater detail. Until then, MCSK remains prohibited from collecting royalties, and the public is urged to refrain from engaging with the unlicensed organization.
This landmark ruling serves as a reminder of the importance of transparency and accountability in managing artists’ rights and royalties, ensuring that only properly licensed organizations can handle the business of copyright collection in Kenya.
Also Read: Kenya Copyright Board (KECOBO): How to Protect Your Work
