Kenya: High Court dismisses bid to block MCSK from collecting royalties

The case was brought by Justus Ngemu and Saul Esikuri, who accused MCSK of financial mismanagement and failure to account for money collected from music users. The pair also claimed that the society had split into rival factions, each operating separate bank and paybill accounts for revenue collection from both local and international users.

Their application followed a statement made on 2 February 2024 by the Kenya Copyright Board (KECOBO), which revealed that MCSK could not account for Sh56 million collected on behalf of artistes. KeCoBo reportedly referred the matter to the Ethics and Anti-Corruption Commission (EACC) for investigation, although the musicians say no action has since been taken.

Ngemu and Esikuri asked the court to issue interim orders suspending MCSK’s royalty collection pending the determination of their case, arguing that continued operations by the society risked further losses for artistes.

In her ruling, Justice Roseline Aburili rejected the application, stating that the orders sought amounted to a mandatory injunction, which would effectively grant the applicants their desired outcome before the case was concluded.

“A stay would suspend the collection of royalties for artistes and musicians, thereby paralysing a statutory function bestowed upon MCSK and causing prejudice to third parties who are not before the court,” Justice Aburili said.

The decision allows MCSK to continue collecting royalties while the main case, which centres on allegations of financial mismanagement within the organisation, proceeds in court.