Kenya: KAMP gets court order to continue operations

This follows KAMP’s decision to challenge the Kenya Copyright Board’s (KECOBO’s) move to license a single collective management organisation (CMO) to manage all copyrights in the country’s music sector.

“We are pleased to announce that on 24 June 2024 KAMP obtained a stay against the irregular and unlawful decision by KECOBO licensing the Performing and Audiovisual Rights Society of Kenya (PAVRISK), formerly the Performers Rights Society of Kenya (PRISK), as their sole CMO,” KAMP chairperson Angela Ndambuki said. “Based on these orders we now advise all music users to comply with the copyright licence and make payments to the KAMP accounts.”

On 10 April, KECOBO invited companies with appropriate competencies to collect and distribute royalties to apply for a CMO licence with a view to streamlining the sector. It received applications from the Music Copyright Society of Kenya, KAMP, PAVRISK, Film Makers Rights Achievers of Kenya, and Collective Management Services.

During a special meeting to deliberate on the licensing of CMOs for the current year on 6 June, the board awarded a one-year licence to PAVRISK, and instructed it to begin royalty collection immediately.

However, KAMP vowed to challenge the decision in court, saying the directive was not aboveboard, terming it “possibly the worst thing that’s happened in the history of collective management in Kenya.”

KAMP said that in past forensic audit reports, including its most recent report in 2023, KECOBO had flagged what it termed as embezzlement of rightsholders’ funds by PRISK’s management and board, and raised similar concerns when PRISK applied to renew its operating licence. In a letter dated 13 May 2024, KECOBO questioned PRISK on the status of royalty distribution to its members for 2023. This payment tranche was supposed to be released before 30 April 2024.

“The process, in every way conceivable, was outrightly discriminatory and the board has failed to provide reasons for declining KAMP’s application – a society that has consistently improved its distribution to its rightsholders, with the latest at 61% [of the CMO’s income] and passed the overall good governance test,” Ndambuki told Music In Africa on 7 June. “PRISK, on the other hand, has not distributed a cent in the past two years and has failed to even hold elections as required of all CMOs.”

In its case, KAMP argued that KECOBO unilaterally altered the terms of the application at the award stage. “Whereas the advertisement called for the registration of CMOs, the resultant decision by the board was an issuance of a certificate of a renewal of registration of CMO to PAVRISK,” it said.

The CMO added that at the time of application, PAVRISK did not exist as an entity capable of having a licence renewed “in its favour thereby further giving rise to the belief that the process was not done above board.”

KAMP further argued it was not given the opportunity as well as sufficient notice to be heard before any final decision was made which is against the rules of natural justice.

Ndambuki added: “Our orders were based on the procedural errors that are so glaring and the court has agreed with us on a prima facie basis. We wish to advise that KAMP is still pursuing our appeal before the competent tribunal. We are hopeful to succeed at the tribunal and put this matter to rest.”