Kenya: KAMP wins appeal to overturn KECOBO’s decision on sole CMO

The Copyright Tribunal chaired by Elizabeth Lenjo delivered the decision on 16 July 2024.

“KAMP is pleased to announce that our appeal against KECOBO’s irregular appointment of PAVRISK as a multi-rights music CMO has been found to have merit,” KAMP chairperson Angela Ndambuki said.

“The Tribunal agreed with the grounds of our appeal against KECOBO’s decision, effectively precluding KAMP without any basis, from executing its mandate on behalf of record producers and self-released artists, both local and international and other rights holders. In our application for the said licence, KAMP had demonstrably complied with all legal requirements per the law and as indeed found by the Copyright Tribunal in its judgement.”

The Copyright Tribunal has subsequently directed KECOBO to reconsider and redetermine the applications for registration/renewal of licences submitted by KAMP, PAVRISK and the Music Copyright Society of Kenya (MCSK) within 21 days. This reconsideration is to be conducted based on the original submissions made by the respective parties.

In the interim, KECOBO has been ordered to immediately issue provisional licences to KAMP, PAVRISK and the MCSK.

“This provisional renewal ensures that we can continue our vital work without interruption, safeguarding the interests of our members and the broader music production community,” Ndambuki said.

The Copyright Tribunal now becomes the third arm of the Judiciary that has found fault with KECOBO in its decision to licence PAVRISK. In two other matters separately filed by KAMP and the MCSK, the courts have, on a preliminary basis, equally found fault in KECOBO’s decision-making process.

“It’s now our sincere hope, as directed by the Copyright Tribunal, that KECOBO will have due regard to the legal provisions as it reconsiders the applications previously submitted for licensing. The Copyright Tribunal has placed a strong emphasis on adherence to the law for fair administrative process under the determination,” Ndambuki added.

Local and foreign record companies and recording industry trade bodies expressed dissatisfaction about the process KECOBO employed in awarding PAVRISK an operating licence while denying KAMP, which has substantive representation both locally and internationally.

In a joint statement issued on 26 June 2024, the International Federation of the Phonographic Industry (IFPI) and the International Confederation of Societies of Authors and Composers (CISAC) expressed concerns about PAVRISK’s suitability to operate as a CMO effectively. The Recording Industry of Kenya (RIKE) alongside other industry associations have also questioned the integrity of the KECOBO decision given PAVRISK’s governance deficiencies.

Ndambuki added: “KAMP is confident that if the law is applied to the letter and as indeed has been found by the Copyright Tribunal, all issues that had been raised by KECOBO regarding KAMP’s licence application have been fully addressed. While KECOBO retains the ability to pursue the registration of a single CMO, it must do so strictly by the law. KAMP remains committed to cooperating fully with KECOBO and other stakeholders to ensure that any developments in this area are legal, transparent, and in the best interests of rights holders.”