Kenyan Court Halts Music Fee Collection by MCSK

The High Court of Kenya has ruled against the Music Copyright Society of Kenya (MCSK), affirming its inability to collect license, copyright, or usage fees from music users. The decision reinforces previous findings by the Copyright Tribunal and underscores the importance of proper licensing under Kenyan law.

The court’s judgment stems from a dispute with the Kenya Copyright Board (KECOBO) and involves the Performing and Audio-Visual Rights Society of Kenya (PAVRISK).

Background of the Legal Challenge

The court’s decision builds upon earlier rulings by the Copyright Tribunal, which previously withdrew temporary orders permitting MCSK to collect fees while its licensing status was contested. The Tribunal determined that MCSK lacked the necessary authorization to operate. KECOBO declined to renew MCSK’s license for the 2025–2026 period, initiating the current legal challenge.

Court’s Reasoning and Actions

Judges concurred with the Tribunal’s assessment that MCSK had not utilized the dispute-resolution processes outlined in the Copyright Act before approaching the courts. Consequently, the court dismissed a petition filed by MCSK and revoked interim orders that had temporarily allowed the organization to continue operating. The court stated it lacked a legal basis to permit MCSK to collect payments without a valid license.

Current Licensing Status

The Performing and Audio-Visual Rights Society of Kenya (PAVRISK) is currently the sole entity licensed to collect music-related fees on behalf of rights holders in Kenya. KECOBO has cautioned the public against making payments to MCSK, stating that unauthorized collection of such fees is a legal offense. Compliance with the Copyright Act and the Collective Management Regulations of 2020 is required.

Future Proceedings

The broader legal dispute involving MCSK, KECOBO, and PAVRISK remains ongoing. A substantive hearing is scheduled for July 2026. Until that time, the High Court has ordered MCSK to refrain from attempting to collect or demand music-use payments, warning that any such actions will be considered unlawful.