Kenya: MCSK to continue with collection until 2020

This development was made through a ruling issued on 5 November by Justice Fred A. Ochieng. Ochieng had last month revoked MCSK’s royalty collection license because the industry regulator the Kenya Copyright Board (KECOBO), did not have a properly constituted board at the time it issued a license to MCSK.

“The justice made the decision following the filing of numerous applications by Kisumu Bar Owners in the Kisumu Judicial Review No. 4 of 2019,” a joint press release by the Collective Management Organisations (CMOs) reads.

“In the previous Judgement, the court found that the Executive Director of the Kenya Copyright Board had issued a license to Music Copyright Society of Kenya (MCSK) on 1 February 2019, at a time when the Kenya Copyright Board was not properly constituted. Thus, the Executive Director had acted without the requisite legal mandate.”

In the new ruling, Ochieng ordered that MCSK, the Kenya Association of Music Producers (KAMP) and the Performance Rights Society of Kenya (PRISK), would jointly collect royalties for 60 days. During the listed period, KECOBO and the Attorney General will have to constitute a lawful Board of directors.

The three CMOs will then be required to render their accounts to KECOBO, which shall provide a report of the accounts, to the court, within 14 days from the expiry of the 60 days.

After the ruling to revoke the MCSK license, KECOBO filed for a notice of appeal and the matter is set to be mention on 4 February 2020 where further directions and orders will be issued.