Kenyan musicians Justus Ngemu and Shizo (Saul Esikuri) have won a major legal victory after the High Court in Nairobi ordered the Kenya Copyright Board (KECOBO) to take action against the Music Copyright Society of Kenya (MCSK) over about KSh 56 million that the society allegedly failed to properly account for.
What the court decided (in simple terms)
The court issued an order telling KECOBO to do its job and act on findings from an earlier inspection of MCSK. The inspection had raised concerns about missing money. The judge said KECOBO cannot just pass the matter to investigators and then go quiet — it must use its legal powers to review the findings and take corrective steps against MCSK where necessary.
Why the artists went to court
According to the case, KECOBO had earlier revealed that MCSK could not clearly account for around KSh 56 million and even referred the matter to the Ethics and Anti-Corruption Commission. However, the artists argued that no meaningful regulatory action followed, even as MCSK faced leadership wrangles and confusion around collections. They asked the court to step in and force KECOBO to act.
What this means for artists
- KECOBO must now act: The court ordered KECOBO to begin the process of enforcing the law within seven days.
- Judgment Kecobo
- Accountability for CMOs: The ruling reinforces that collecting societies must be properly supervised and held accountable.
- Hope for better royalty management: If KECOBO follows through, artists could see stronger oversight and protection of their royalty interests.
Big picture
This ruling sends a strong message: regulators must regulate. Artists depend on collecting societies to collect and distribute their royalties fairly. When questions arise about missing funds, the regulator cannot sit back. The court has now made it clear that KECOBO must step up and use the powers given to it by law.