Kenya: MCSK criticised for low artist payouts

Kenyan media has reported that the amount will be divided equally among the 16 000 artists registered with the MCSK – with each one of them taking home Ksh1 250 ($8). This has been met with consternation by both musicians and industry observers only.

However, MCSK CEO Ezekiel Mutua dismissed the assertion, saying the monies will be distributed in two ways: “general” and “scientific”.

In a statement issued on social media on 15 January, Mutua said: “Some people are twisting this story to sound like the Ksh20m will be shared equally among all MCSK members. Not so. We distribute using both scientific and general methods. Scientific distribution refers to the actual airplay of members’ works within the period under review.” Airplay is monitored by a system set up and managed by the Kenya Copyright Board.

“There are members whose songs get minimal or no airplay at all, but because they are registered with us the board allocates some general amounts in line with MCSK distribution rules,” Mutua added. “Last year we had someone getting 330K under scientific method, while the least under general was Ksh650. Music is seasonal and royalties accrue from works that are active.”

Despite Mutua’s clarification, many are unhappy with the total amount available for royalty distribution in January. Reuben Wambui said: “If top 20% artists (think Sauti Sol) receive 80% royalties, that’s about 3 200 people sharing Ksh16m. That’s Ksh5 000 average and the rest Ksh312 (Ksh4m divide 12.8k). If the best get only Ksh5 000 even after applying 80/20 formula, something is wrong!”

US-based genge musician Nonini, known for previous public spats with the MCSK over royalties, termed the development as sad and expressed sorrow for his fellow artists. Nonini is no longer a member of the MCSK after terminating his membership with the collective management organisation in 2022.

An X user wrote: “So Ksh1 250 per musician? As in, one thousand two hundred and fifty bob? That’s the money the MCSK is planning to give to someone who has spent hundreds of thousands of shillings shooting music videos, recording music, paying for logistics, paying for management and video vixens, etc. After all that hassle, we now need to pay him less than 10 dollars for their efforts! This is preposterous!”

Another addressed Mutua directly: “Just shut up man! You should be ashamed of going on national television to boast of such embarrassing figures. That’s merely Ksh1 250 per head! What am I supposed to do with such an amount? Buy electricity tokens? Or just buy a fancy rope and hang myself?”

Mutua noted that the 25 January royalty distribution is a step in the right direction, saying that the future looks bright for Kenyan musicians with additional payments expected later in the year. He said that with new tariffs approved by the government and new contracts signed with entities like Google, broadcasters and public transport operators, artists are set to earn sustainable incomes.

“We have a rapport with the government, including the ministries dealing with culture and creative economy and security. For the first time since 2015, we are resuming our quarterly distribution calendar. We are distributing in January and again in April. Through our efforts, the entire music ecosystem has been aligned and new music tariffs have been gazetted.

“We have built synergies with the government and other stakeholders to address the plight of our members. The future is bright and our members should support the board in its renewed efforts to restructure the society to serve members better. With government support, collaboration with relevant committees of Parliament and increased compliance by music users including broadcasters, we believe that we are on the way to achieving optimal operational standards. Our aim is to distribute over a billion shillings within the next two years. I appeal to our members to support these efforts and rally together to build a more vibrant music industry.

“All these structures will ensure that in the few coming years, our musicians will be among the richest like is the case in the US, the UK or other countries,” Mutua said.

Over the years, many rightsholders have spoken out about their frustration with the way that the Kenyan royalty space is being managed. Collective rights management in Kenya has been marred by licence disputes, allegations of corruption and lack of transparency.

This article was updated on 17 January at 2.25pm CAT for accuracy and to reflect Mr Mutua’s social media statement.

Related content:

• Nonini and the battle to reform Kenya’s CMOs
• Who gains from Kenya’s dysfunctional music royalty space?