Kenya: High Court bars MCSK from collecting music fees

In its decision, the court affirmed that MCSK may not demand payment from music users, including licence, copyright or usage fees, until it is properly licensed in accordance with the law. Any continued collection of such payments by MCSK or its agents would be unlawful and could expose them to legal sanctions.

The ruling follows a series of earlier decisions, including findings by the Copyright Tribunal, which reached similar conclusions. The Tribunal withdrew temporary orders that had previously allowed MCSK to collect fees while its licensing status was under challenge, after determining that the organisation lacked the required authorisation to operate.

The court noted that the Kenya Copyright Board (KECOBO) had declined to renew MCSK’s licence for the 2025–2026 period, triggering the dispute. KECOBO has since warned the public that MCSK is not authorised to collect fees on behalf of musicians and reiterated that only licensed collective management organisations may lawfully do so. It further stated that unauthorised collection of music-related payments constitutes an offence under Kenyan law.

Judges also agreed with earlier Tribunal findings that MCSK had approached the courts without first exhausting the dispute-resolution mechanisms set out in the Copyright Act. As a result, the court struck out a petition filed by the organisation and lifted interim orders that had temporarily permitted it to continue operating.

The decision leaves the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) as the only body currently licensed to collect music-related fees on behalf of rights holders. The court said it had no legal basis to allow MCSK to continue collecting payments in the absence of a valid licence, emphasising that compliance with the Copyright Act and the Collective Management Regulations of 2020 is mandatory.

While the broader legal dispute involving MCSK, KECOBO and PAVRISK remains unresolved, the High Court has scheduled a substantive hearing for July 2026. Until then, the court has maintained that MCSK must cease all attempts to collect or demand music-use payments, warning that any such action would be unlawful.