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The High Court has declined to temporarily suspend a decision by the Copyright Tribunal that stopped the Music Copyright Society of Kenya (MCSK) from collecting and distributing royalties.
In a ruling delivered on December 11, 2025, Justice Linus Kassan ordered that the application be heard with all parties present at a later date in mid-2026.
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“After considering the application dated December 10, 2025, I direct that the matter be heard inter partes on July 21, 2026,” the judge ruled.
MCSK, represented by lawyer Duncan Okubasu, had moved to court under a certificate of urgency on December 10, 2025, seeking to stay the Tribunal’s decision that barred it from operating on the grounds that it lacked a valid licence.
The society also asked the court to suspend a decision by the Kenya Copyright Board (KECOBO) made on October 14, 2025, which declined to issue MCSK with an operating licence for the 2025–2026 period.
In addition, MCSK sought orders to stop KECOBO and the Performing and Audio-Visual Rights Society of Kenya (PAVRISK), together with their agents, from interfering with its royalty collection and distribution activities.
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In its application, MCSK argued that the Tribunal misinterpreted and misapplied the Copyright Act and the Collection Management Regulations, 2020, by imposing overly strict compliance requirements and failing to properly evaluate whether the cited shortcomings justified denial of registration.
The Tribunal’s decision of November 25, 2025, had lifted interim orders that had temporarily allowed MCSK to continue collecting royalties.
The Tribunal held that without a valid licence, MCSK had no legal authority to collect royalties or issue unified licences to users of music and audio-visual works.
The dispute stems from an appeal filed on October 16, 2025, challenging KECOBO’s refusal to renew MCSK’s licence as a Collective Management Organisation (CMO) for the 2025–2026 period.
In its ruling, the Tribunal referred to recent High Court decisions by Justices Chacha Mwita and John Chigiti on collective management and tariff regulation issues.
KECOBO, through lawyer Alex Nyabwengi, opposed the appeal, maintaining that royalty collection and distribution can only be carried out by a properly licensed CMO, as provided under the Copyright Act, and with board approval.
The board added that it had issued operating licences to PAVRISK and KAMP Copyright and Related Rights for the period beginning November 5, 2025.
KECOBO also cited ongoing legal disputes over tariffs in the sector, noting that Justice Mwita had nullified tariffs published under Legal Notice No. 84 of 2023 due to inadequate public participation, leaving no valid tariffs in place for royalty collection.
MCSK, through Okubasu and Munene Advocates, argued that KECOBO unlawfully rejected its application for a renewable licence for the 2025–2026 period.
According to the society, the refusal was based on claims that it failed to submit a certified copy of its annual returns detailing its corporate structure for the year ending December 31 prior to the application, as required under the 2020 regulations.
MCSK also disputed KECOBO’s finding that it had not provided audited accounts for the five years preceding the application.
The High Court is scheduled to hear the matter on July 21, 2026.
