The Music Copyright Society of Kenya (MCSK) has suffered another major setback in its ongoing legal battle over royalty collection, with the High Court refusing to suspend a ruling by the Copyright Tribunal that bars it from operating without a valid license.
The development casts uncertainty over the society’s ability to collect and distribute royalties to musicians for the foreseeable future.
Milimani High Court Judge Justice Linus Kassan on Monday December 15,2025 declined MCSK’s urgent request to stay the Tribunal’s decision, instead scheduling the matter for inter partes hearing on July 21, 2026.
“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 moved to the High Court under a certificate of urgency, seeking to suspend the decision of the Tribunal chaired by Elizabeth Lenjo, which barred the society from collecting and distributing royalties.
The motion also sought to restrain KECOBO and the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) from interfering with its operations.
In its submission, 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 its judgment dated November 25, 2025, discharged interim orders that had temporarily allowed MCSK to collect royalties, effectively revoking its authority to issue unified licenses or operate as a Collection Management Organisation (CMO).
“The interim order of injunction, stopping, barring, restraining, and/or prohibiting the respondent… from interfering with MCSK from the collection and distribution of royalties… is hereby discharged,” said Tribunal chairperson Hon. Elizabeth Lenjo.
The case arises from a Notice and Memorandum of Appeal filed by MCSK on October 16, 2025, challenging KECOBO’s refusal to renew its CMO operating license for the 2025–2026 period.
The Tribunal cited High Court precedents by Justice Chacha Mwita and Justice John Chigiti, revising timelines for KECOBO and other interested parties to respond under Section 21(3) of the Copyright Act.
KECOBO, through lawyer Alex Nyabwengi, maintained that MCSK was operating illegally.
“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 KAMP Copyright and Related Rights, leaving MCSK, Film Makers Rights Achievers of Kenya (FRAK), and Collective Management Services (CMS) unsuccessful. PAVRISK and KAMP are listed as interested parties in the appeal.
MCSK has also faced internal leadership disputes, with one faction led by Ephantus Wahome Kamau (Chairman) and Ezekiel Mutau (CEO), and another led by Lazarus Muli with Richard Sereti as acting CEO.
KECOBO further highlighted that Section 46(a) of the Copyright Act prohibits collection of royalties based on tariffs not published in the Kenya Gazette.
The regulator cited a July ruling by Justice Mwita nullifying operative tariffs due to lack of meaningful public participation, leaving even approved CMOs without legally binding tariffs to collect royalties.
In response, MCSK argued that KECOBO erred in rejecting its license renewal due to missing certified copies of annual returns, failure to provide audited accounts for the past five years, and absence of proper authorization for rights management.
“KECOBO also erred in law in finding that the appellant failed to provide audited accounts of the CMO for the five years preceding the date of the application,” O’Kubasu said.
With the High Court setting the matter for inter partes hearing on July 21, 2026, the future of MCSK’s royalty collection operations, and the fate of many Kenyan musicians’ earnings, remains in limbo.
