The High Court in Milimani has affirmed that the Music Copyright Society of Kenya (MCSK) has no legal right to demand payment from music users, after confirming that the organization is operating without a valid license.
This decision follows a series of earlier rulings, including one by the Copyright Tribunal, all of which point to the same conclusion.
The Court warned MCSK against collecting music-related fees, including music usage fees, copyright fees, or licensing charges, until it is properly licensed. Any attempt by MCSK or its agents to continue collecting such payments is therefore unlawful and exposes them to legal penalties.
Tribunal Withdraws MCSK’s Temporary Permission
The Copyright Tribunal cancelled earlier temporary orders that had allowed MCSK to collect music-related payments while its license issues were being challenged.
The Tribunal ruled that MCSK lacked the required license, meaning it could not legally issue music‑use licenses or demand payments from users. This decision was based on earlier High Court findings that organizations involved in collecting music fees must strictly comply with the Copyright Act and the Collective Management Regulations of 2020 before being allowed to operate.
The Kenya Copyright Board (KECOBO) refused to renew MCSK’s license for the 2025–2026 period, which triggered the ongoing dispute.
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KECOBO has since warned the public that MCSK is not authorized to collect fees on behalf of musicians and reminded music users that only licensed organizations are legally permitted to do so.
The Board has also stated that any organization or individual that collects music-related payments without its approval commits an offence and risks punishment under the law.
The Court also agreed with earlier findings by the Copyright Tribunal that the organization had rushed to court without following the proper dispute‑resolution steps and therefore could not continue collecting money while operating outside the law.
Court Strikes Out MCSK Petition
In an earlier ruling, a High Court judge struck out a petition filed by MCSK after finding that the organization failed to follow proper dispute‑resolution steps required under the Copyright Act.
This ruling removed protective orders that had temporarily allowed the organization to operate while the case was ongoing.
The court’s decision means that PAVRISK, the Performing and Audio-Visual Rights Society of Kenya, remains the only licensed body legally authorized to collect music-related fees on behalf of artists.
The High Court said it had no choice but to stop the Copyright Protection Organization from collecting any music‑use fees because the organization lacked a valid operating license, which is required by law before anyone can collect money on behalf of musicians.
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Judges noted that the Copyright Act and the 2020 Collective Management Regulations must be strictly followed, and that MCSK did not meet those requirements.
This is why the Court cancelled previous temporary permissions and confirmed that only PAVRISK, the body with a valid license, may collect music-related fees until the case is fully resolved.
The Case Continues
The legal dispute involving MCSK, KECOBO, and PAVRISK is not yet over. The High Court has scheduled a full hearing for July 2026, where all parties will return for a more detailed session.
Until then, the court has maintained a firm stand, warning that MCSK must stop collecting or demanding any music‑use payments, copyright fees, or licensing charges. Any attempt to do so is unlawful because the organization lacks a valid operating license.
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