In a heated debate over the music industry’s royalty collection and distribution process in Kenya, digital strategist Dennis Itumbi has called for government intervention to reduce high administrative costs.

His proposal attracted sharp rebuke from Music Copyright Society of Kenya (MCSK) CEO Ezekiel Mutua, who defended the autonomy of collective management organizations (CMOs) like MCSK and their independence from government interference.

Mutua emphasized the voluntary nature of CMOs and their independence, arguing that the government has no business interfering in their operations which are governed by their articles of association and bylaws.

He also highlighted the importance of services like Skiza Tunes and streaming platforms to artists’ income and stresses that a license from the government is a service, not a favor.

“We are all for accountability, we are all for technology, but we are just against government interference in private property,” Mutua said.

Itumbi proposes the digitization of MCSK

However, Itumbi pointed to the years of inefficiency and vague promises in the current system arguing that a digital overhaul is needed.

He proposed a government-led initiative to create a digital platform for managing royalties, ensuring transparency and minimizing fraudulent practices.

Also Read: Govt Asked to Charge Matatus, Media for Playing Kenyan Music

According to the digital strategist, if 80% of MCSK functions are digitized, artists will be able to receive their due compensation promptly and in full.

“Get ready for a digital CMO, not a CMO with a digital platform.”

“Licensing is a matter of regulation to ensure that CMOs are free from fraud. A digital CMO is one way of ensuring that what is collected on behalf of artists reaches them,” he stated.

Ezekiel Mutua Disagrees with Itumbi

Nonetheless, while acknowledging the potential of digital platforms Mutua reiterated concerns about government interference in private entities and the potential for cartel influence.

“We are not against eCitizen; we are already using it in our operations. We are against cartels and people using their position in government to interfere with a private right,” Mutua said.

In response, Itumbi noted that once eCitizen takes over the collection and distribution of royalties, avenues for fraud will be cut off, and artists will monitor their earnings on a real-time basis and receive their full rightful reward for their creative works.

 “The CMO does not have to be MCSK or X or Y. My only conflict on this issue is my desire to resolve it once and for all with the scales tilted in favor of the artists.”

“If you are preparing for court, as you have threatened to do, instruct the lawyer to prepare in advance, my friend, because it will be eCitizen, so that the musicians can be in control,” noted Itumbi.

Also Read: Aisha Jumwa Counters Moses Kuria Over Paying Artists Through eCitizen

MCSK Woes

However, this is not the first time the MCSK royalty collection and distribution has come into the limelight. 

Music Copyright Society of Kenya CEO Ezekiel Mutua and CS Moses Kuria, recently engaged in a somewhat unsettling verbal sparring match regarding the issue of collecting royalties through eCitizen.

The CS had stated that the government was spearheading amendments to the Copyright Act to create a government run Collective Management Organization (CMO).

Mutua suggested that the idea will be ‘impossible to execute’.

“When a Cabinet Secretary says the Government will collect royalties for artists through e-Citizen, it’s the highest level of ignorance. Music is a talent like football or athletics,” said Mutua.

Furthermore, he stressed that music is a private right, and the government can only get the taxes accruing from payment of royalties, but it cannot purport to administer copyright on behalf of musicians.

However, Gender, Culture and Arts CS Aish Jumwa also countered CS Kuria’s remarks noting that the mandate of making decisions revolving around CMOs and royalties falls under her ministry.