High Court Declines to Grant MCSK Temporary Relief in Royalty Collection Dispute

Copyright Society of Kenya (MCSK) from collecting and distributing royalties, dealing a fresh blow to the society’s operations.

In a ruling delivered on December 11, 2025, Justice Linus Kassan directed that the matter be heard inter partes in mid-2026, declining to issue interim relief sought by MCSK.

“Upon perusal of the motion dated the 10th day of December 2025, I direct that the matter be heard inter-partes on the 21st day of July 2026,” Justice Kassan ruled.

MCSK, through 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 grounds that it lacks a valid licence. The society also sought to suspend a decision by the Kenya Copyright Board (KECOBO) dated October 14, 2025, which declined to issue it with an operating licence for the 2025–2026 period.

In addition, MCSK asked the court to issue an injunction restraining KECOBO and the Performing and Audio-Visual Rights Society of Kenya (PAVRISK), alongside their agents, from interfering with its royalty collection and distribution activities.

In its application, MCSK argued that the Tribunal erred in law by misinterpreting and misapplying the Copyright Act and the Collective Management Regulations of 2020. The society claimed the Tribunal imposed a rigid compliance threshold and failed to properly assess whether the cited deficiencies were sufficient to warrant denial of registration.

The dispute stems from a Tribunal ruling delivered on November 25, 2025, which discharged interim orders that had temporarily allowed MCSK to collect royalties. The Tribunal held that without a valid licence, MCSK had no authority to collect royalties or issue unified licences to users of music and audio-visual works.

The case arises from an appeal filed on October 16, 2025, challenging KECOBO’s decision not to renew MCSK’s Collection Management Organisation (CMO) licence for the 2025–2026 period. In its ruling, the Tribunal cited recent High Court decisions by Justices Chacha Mwita and John Chigiti on collective management and tariff regulations.

KECOBO, through lawyer Alex Nyabwengi, opposed the appeal, arguing that royalty collection and distribution can only be undertaken by a duly licensed CMO, as provided under Section 2 of the Copyright Act. 

The board maintained that it had lawfully issued operating licences to PAVRISK and KAMP Copyright and Related Rights for the period beginning November 5, 2025.

KECOBO further pointed to ongoing legal challenges in the sector, noting that Justice Mwita had nullified tariffs published under Legal Notice No. 84 of 2023 due to insufficient public participation, effectively leaving the industry without valid tariffs for royalty collection.

On its part, MCSK argued that KECOBO erred in law by rejecting its licence application on the basis that it failed to submit a certified copy of its annual returns showing its corporate structure for the year ending December 31 preceding the application, as required under Regulation 3(i)(c) of the Copyright Regulations, 2020.

The matter will now await substantive hearing in July 2026.