Kenya: RIKE calls for due process in KECOBO’s oversight of CMOs

In a statement, RIKE, which represents record producers, record companies and self-releasing artists, raised concerns about a public notice issued by KECOBO on 1 July 2026 announcing the 90-day suspension of KAMP’s licence. The association said the decision could have implications for the administration of sound recording rights held by local and international rightsholders whose rights are managed through KAMP.

RIKE also questioned KECOBO’s directive to transfer KAMP’s licensing functions to another CMO, arguing that the Copyright Act and Copyright Regulations 2020 do not appear to give the regulator the authority to reassign mandates that rightsholders have voluntarily granted to their chosen organisations.

The association said such mandates arise from contractual relationships between rightsholders and CMOs and are central to the administration of private intellectual property rights.

While acknowledging KECOBO’s statutory role in overseeing copyright and related rights, RIKE said regulatory interventions should comply with the law and follow due process, including fair and impartial engagement with affected CMOs.

The association also criticised KECOBO for publicly raising allegations of financial misconduct without, it claimed, first presenting them directly to KAMP. RIKE said this raised concerns about the regulator’s approach and called for greater transparency and objectivity in the exercise of its mandate.

RIKE further questioned previous regulatory interventions involving KAMP, alleging that the organisation’s licence had been withdrawn on questionable grounds and that the administration of sound recording rights had subsequently been transferred to a CMO that, according to the association, lacked sufficient representation and mandates.

The association also expressed concern about regulatory measures affecting the administration of sound recording rights, including what it described as attempts to enforce a ‘Consent’ arrangement through tariff mapping. RIKE said such interventions could undermine the interests of sound recording owners.

According to RIKE, KAMP should be able to administer rights in areas including broadcasting, communication to the public and public performance without being compelled to enter into arrangements that could compromise the administration of sound recording rights.

The association also called for any arrangements involving the eCitizen platform to provide for fair, transparent and equal cooperation between CMOs, with safeguards for the interests of all music rightsholders.

RIKE said prolonged regulatory intervention had contributed to declining performance rights revenues and reduced royalty distributions for record producers and artists, although it did not provide supporting figures for the claim.

The association reiterated that copyright is fundamentally a private right and argued that rightsholders should retain the ability to determine how and by whom their rights are collectively administered.

It said interference with that autonomy raised questions about the constitutional protection of intellectual property under Article 40 of Kenya's 2010 Constitution and could create uncertainty for the recording industry and wider creative economy.

“Right holders deserve regulatory certainty to ensure CMOs effectively and efficiently manage their rights, and not recurring disruptions that undermine collection and distribution of royalties ultimately causing prejudice on the very people the copyright system exists to protect,” RIKE said.

The association urged KECOBO to reconsider the directive affecting KAMP and ensure that any regulatory action is grounded in the Copyright Act and the Copyright Regulations 2020.

RIKE said it remained willing to engage with the government, CMOs and other industry stakeholders to support a collective management system that complies with Kenyan law, reflects international practice and is transparent and accountable to rightsholders.