High Court Strikes Out MCSK’s Petition, Halts Royalty Collection Powers
By Shadrack Mutai
The Music Copyright Society of Kenya (MCSK) has suffered a significant setback after the High Court in Nairobi revoked orders that had previously allowed the organization to collect royalties and issue copyright licenses.
In a ruling delivered yesterday, Milimani High Court Judge Lady Justice Josephine Mongare struck out MCSK’s petition, stating that the court lacked jurisdiction to hear the matter. She ruled that MCSK had prematurely approached the court without first exhausting the dispute resolution mechanisms provided under the Copyright Act, 2001.
“The Copyright Act provides an elaborate dispute resolution mechanism before any appeal can be made at the High Court. MCSK violated the doctrine of dispute exhaustion,” observed Justice Mongare in her ruling.
This decision nullifies the conservatory orders granted to MCSK in June 2024, effectively stripping the organization of its authority to collect royalties or issue licenses to music users.
MCSK vs. Kenya Copyright Board
MCSK had sought to restrain the Performing and Audio-Visual Rights Society of Kenya (PAVRISK), currently the sole licensed Collective Management Organization (CMO), from collecting royalties on behalf of musicians. PAVRISK was issued the sole CMO license by the Kenya Copyright Board (KECOBO) in June 2024, following a competitive selection process.
The petition, filed by Wachira and Mumbi Advocates, named KECOBO, its chairman, and its CEO as respondents, with PAVRISK listed as an interested party.
MCSK argued that it should be allowed to continue collecting royalties for its members, citing a previous license issued by KECOBO, which expired in June 2024. However, KECOBO defended its decision to award the single CMO license to PAVRISK.
