Kenya High Court orders MCSK to re-register with KECOBO

This after Justice Antony Mrima rejected a request by the MCSK to carry out its work independently of KECOBO, saying that as a collective management organisation (CMO) it is subject to the Copyright Act.

The ruling is the latest in a series of disagreements between the two organisations. KECOBO is a government agency whose mandate is the overall administration and enforcement of copyright and related rights. The MCSK, on the other hand, collects and distributes royalties on behalf of its members.

A major part of the spat stems from accusations by artists that the MCSK is mismanaging their royalties and by extension paying out a disproportionate share. This is what KECOBO has been trying to streamline amid pushback from the MCSK and other CMOs in the country.

The latest court directive will likely launch another confrontation between the two organisations, with KECOBO CEO Edward Sigei saying reregistration will be subject to thorough scrutiny.

CMOs seeking a clean slate will be required to provide proof that they have complied with the previous year’s licence conditions. They will also be required to provide verifiable member information and financial records for the past three years.

“Previously registered CMOs will be subjected to a forensic audit soon and must demonstrate that they had complied with the previous year’s licence conditions and account for money received from local and international sources in the last three years,” KECOBO said.

The MCSK had filed two petitions seeking to block KECOBO from taking over the role of royalty collector on behalf of musicians should it opt to deregister Kenya’s main CMOs, which also include the Performers Rights Society of Kenya and the Kenya Association of Music Producers. However, the MCSK said the court had not discussed that particular matter.

The MCSK CEO Ezekiel Mutua said: “We are studying the judgement and we will guide our members on the way forward. In the meantime, it should be noted that the MCSK has not given any directives or communications to its members to either join any association or participate in the purported review of the Copyright Act.”

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