The Music Copyright Society of Kenya (MCSK) has lodged an appeal before the Copyright Tribunal challenging the Kenya Copyright Board’s (KECOBO) decision to deny it a renewal license to operate as a Collective Management Organization (CMO) for the 2025–2026 licensing period.
In its appeal, MCSK is seeking orders declaring KECOBO’s decision of October 14, 2025, null and void and is asking the Tribunal to compel the board to issue it a valid operating license. The society is also requesting interim permission to continue collecting and distributing royalties to its members while the case is pending.
According to documents filed with the Tribunal, KECOBO had on September 4, 2025, issued a public notice inviting applications for CMO licenses for a one-year term effective November 5, 2025. MCSK says it duly submitted its application through the eCitizen platform on September 18, 2025.
However, on October 14, MCSK learned through a public statement that KECOBO had only approved licenses for the Kenya Association of Music Producers (KAMP Copyright and Related Rights Limited) and the Performing and Audiovisual Rights Society of Kenya (PAVRISK).
In a letter issued the same day, KECOBO informed MCSK that its application had been rejected for failing to submit certified copies of annual returns and audited accounts for the past five years, as well as documentation verifying members’ identification details. The board also cited breaches of the Copyright (Collective Management) Regulations, 2020, including failure to demonstrate that MCSK’s accounts were audited by an independent auditor and whether its administrative costs exceeded the permitted 30 percent of royalties collected.
MCSK, however, maintains that it complied with all licensing requirements and accuses KECOBO of acting in contempt of previous court and tribunal orders.
The society referenced a 2024 ruling by the Copyright Tribunal in Case No. COPTA/E002/2024, which directed KECOBO to issue provisional licenses to three CMOs, including MCSK. It also cited a High Court ruling delivered on January 31, 2025, by Justice Joe M. Omido in Civil Appeal No. E1035 of 2024, which dismissed KECOBO’s bid to stay the execution of that decision.
Despite these rulings, MCSK claims KECOBO has continued to act “slowly, inefficiently, and procedurally unfairly” in exercising its regulatory role, thereby denying the society its right to operate.
The organization argues that the continued refusal to renew its license has crippled its activities and violated the rights of more than 15,000 members, including composers, authors, and publishers who depend on it for royalty collection and distribution.
“The Respondent’s decision is arbitrary, irrational, and made in bad faith, disregarding the economic welfare of over 15,500 authors, composers, arrangers, and publishers,” the appeal reads in part.
MCSK is urging the Tribunal to hear the matter urgently, saying KECOBO’s decision has caused serious prejudice and infringed its members’ constitutional rights under Article 40 of the Constitution, which protects intellectual property.
Court okays application to detain Iranian crew in Sh8 billion drug trafficking case.
