Kenya Copyright Tribunal suspends KECOBO decision to revoke KAMP licence

The ruling, issued by the Tribunal chaired by Hon. Liz Lenjo, allows KAMP to retain its licence and continue operating while the substantive dispute is considered.

KAMP is mandated to license the public use of sound recordings and audiovisual works, collect royalties and distribute payments to performers and producers.

The interim orders also allow the organisation to continue its operations amid concerns from rights holders over potential disruption to royalty collection and distribution.

Rights holders who sought to join the proceedings said their participation was motivated by concerns over the impact of the licence suspension on the livelihoods of performers and producers who rely on royalties generated from their intellectual property.

In affidavits submitted to the Tribunal, the rights holders said KAMP had collected and distributed royalties to them over the years and maintained engagement with members through annual general meetings and other governance processes. They also raised concerns about uncertainty surrounding the collection and distribution of future royalties, the registration and management of new creative works, and local and international royalty payments.

The rights holders said they supported lawful regulation and accountability of collective management organisations, but argued that regulatory measures should not unnecessarily disrupt royalty payments owed to rights holders.

The development comes amid wider discussions over the regulation of Kenya’s creative sector. Last week, representatives of the country's recorded music industry met with President William Ruto to discuss challenges affecting the sector.

According to KAMP, the president reaffirmed the government’s commitment to strengthening Kenya's creative economy and called for the issues involving KAMP and KECOBO to be resolved through constructive engagement, while protecting the interests of rights holders and maintaining confidence in the country's copyright system.

“Today’s ruling is a significant milestone for Kenya's creative sector,” KAMP chairperson Angela Ndambuki said. “It protects the rights and livelihoods of thousands of performers and producers while affirming that regulatory decisions must be exercised within the law and with due process.”

She added that the organisation was encouraged by the president’s commitment to resolving the dispute and strengthening Kenya’s copyright framework.

“KAMP remains committed to transparency, accountability, constructive engagement and the efficient collection and timely distribution of royalties for the benefit of our members and the wider creative sector,” she said.

The organisation said it would continue its licensing and royalty collection activities while the appeal is pending.

KAMP also said it would comply with the Tribunal’s directions and refrain from commenting on the substantive issues before the matter is determined.