The High Court of Kenya has delivered a staggering blow to the Music Copyright Society of Kenya (MCSK), issuing a directive that immediately paralyzes the organization’s ability to collect royalties across the country. The conservatory order creates a financial vacuum, which makes it impossible for artists to make agreements with broadcasters about their work.
Justice Chacha Mwita’s ruling comes as a response to a deepening crisis within the Collective Management Organizations (CMOs). The court suspended the gazette notice that gave MCSK authority to operate because it stopped money from flowing and brought in the Kenya Revenue Authority and the Kenya Bureau of Standards as parties to the case.
The two state agencies must stop collecting levies that relate to the disputed royalty payment system because that represents a complete collapse of the existing licensing procedures.
This situation has evolved beyond an administrative conflict because it now involves complete institutional closure. For years, MCSK has been at the center of a tug-of-war over transparency and the fair distribution of funds. The court order functions as a “kill switch,” which stops their business activities, thus creating a legal uncertainty for all businesses from matatus to high-end lounges that use music without proper permits.
The twisted reality of this verdict protects aggrieved parties yet results in a complete loss of support for Kenyan musicians. The collection taps have been turned off, which results in an instant stop of future payout procedures.
The ruling shows a broken system of regulations because the Kenya Copyright Board (KECOBO) and CMOs fight each other in court battles that endanger the income of their represented artists. The taxman no longer hears music, yet the Kenyan artist experiences an overwhelming period of silence.
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