High Court Halts MCSK from Collecting Royalties Amid Licence Dispute with KECOBO

The High Court has issued an order preventing the Music Copyright Society of Kenya (MCSK) from collecting royalties and licence fees, following a dispute over its licensing status with the Kenya Copyright Board (KECOBO).

Justice L.P. Kassan ruled that MCSK cannot carry out the functions reserved for licensed collective management organisations (CMOs) without holding a valid licence. The court barred MCSK, its officials, and representatives from acting as a licensed CMO or collecting royalties under Section 46 of the Copyright Act.

This injunction will remain effective until the High Court determines MCSK's appeal against KECOBO’s refusal to renew its licence or until further court orders are issued.

Background of the Dispute

KECOBO declined to renew MCSK’s licence starting November 5, 2025, citing failure to meet statutory requirements as per the Copyright Act and the Copyright (Collective Management) Regulations, 2020. MCSK’s subsequent appeal to the Copyright Tribunal was dismissed on November 17, 2025.

MCSK then petitioned the High Court, highlighting that it represents over 15,000 copyright owners reliant on its royalty collection and distribution services. The society requested interim relief to continue operations during the appeal process, warning that its members’ livelihoods would be adversely affected if it ceased activities.

Court’s Reasoning and Orders

KECOBO opposed MCSK’s application, arguing that without a valid licence, MCSK could not lawfully perform CMO functions. Justice Kassan acknowledged that the appeal raises significant legal questions, including the interpretation of Section 46, procedural fairness in the licensing process, and potential constitutional rights issues.

However, the judge declined to reinstate MCSK’s licence temporarily, reasoning that doing so would effectively grant MCSK the benefit of a licence that KECOBO explicitly refused to issue. The court emphasized caution in issuing interlocutory orders that could undermine regulatory authority.

The judge also noted that the public interest favors maintaining the current regulatory status quo while the appeal is underway.

MCSK’s interim applications filed in December 2025 and January 2026 were dismissed, whereas KECOBO’s request to bar MCSK from licensed CMO activities was granted.

Next Steps

The court clarified that the ruling does not constitute a final judgment on KECOBO’s lawfulness in denying the licence. The substantive appeal will address that issue in full.

Justice Kassan instructed the Deputy Registrar to expedite the preparation of the appeal record and schedule case management to facilitate a swift hearing.