Kenya: KECOBO grants CMOs six-month licence after High Court ruling

In a statement released on 4 April, KECOBO’s board of directors, through chairperson Joshua Kutuny, confirmed it had resolved to comply with the court order and grant conditional operational licences to KAMP Copyright & Related Rights Limited, the Music Copyright Society of Kenya (MCSK), and the Performing and Audio-Visual Rights Society of Kenya (PAVRISK).

The board said the decision was aimed at protecting the livelihoods of Kenyan artists, many of whom rely on royalty payments as a primary source of income. The provisional licences will remain valid for six months, during which the CMOs are required to meet a series of conditions designed to enhance transparency and compliance.

Under the conditions, KECOBO and the CMOs must jointly carry out a comprehensive verification and validation of CMO membership and music catalogues within two months. The results of this process are expected to be made public. The CMOs must also collect royalties in a transparent and coordinated manner, and are required to collaborate on the development of joint tariff structures for the upcoming tariff year, in line with the Copyright Act and Regulations.

Furthermore, all three CMOs must account for royalties collected between 4 June 2024 and 4 April 2025. A detailed distribution plan must be submitted to KECOBO, adhering to the 70/30 distribution rule, which stipulates that a minimum of 70 percent of collected royalties must be distributed to rights holders. Evidence of compliance with this rule must be provided within three months of the licence issuance.

KECOBO indicated that adherence to these terms will influence future licensing decisions as stipulated under the Copyright Act and its accompanying regulations.

The move is seen as a significant step towards restoring trust and order in Kenya’s copyright and royalty administration space, which has long been marred by disputes and lack of accountability.