High Court Bars MCSK from Collecting Music Royalties in Kenya
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High Court Bars MCSK from Collecting Music Royalties in Kenya

February 16, 2026127 views

The High Court in Milimani has barred MCSK from collecting music royalties, reaffirming that it has no legal mandate to do so. Any collection attempts by MCSK or its agents are illegal.

High Court Bars MCSK from Collecting Music Royalties in Kenya

Nairobi, Kenya – February 13, 2026

The High Court sitting in Milimani has today issued orders barring the Music Copyright Society of Kenya (MCSK) from collecting royalties from users of copyright works, reaffirming that MCSK has no legal mandate to collect royalties in Kenya.

The court prohibited MCSK and its agents from demanding, collecting, or enforcing royalty payments from businesses, broadcasters, event organizers, and other users of copyrighted music. Any attempt by MCSK or its representatives to collect royalties in defiance of the court order would amount to an illegal act punishable by law.

MCSK Was Not Licensed to Collect Royalties

The ruling reinforces the regulatory position that MCSK is not a licensed collecting society under the Kenya Copyright Act. MCSK was not licensed in the previous year and has no current authorization to collect royalties from users of music works.

This decision effectively shuts down any ongoing or attempted collections by MCSK, which have continued despite regulatory and legal directives.

KAMP and PAVRISK Remain the Licensed Collecting Societies

Contrary to claims that the ruling creates a vacuum in royalty collection, there is no lack of a lawful alternative. The Kenya Association of Music Producers (KAMP) and the Performers Rights Society of Kenya (PAVRISK) are the duly licensed Collective Management Organisations (CMOs) mandated to collect royalties on behalf of producers of sound recordings and performers respectively.

Users of copyrighted music — including broadcasters, clubs, bars, hotels, event promoters, matatus, malls, and digital platforms — remain legally required to obtain licenses and pay royalties through the properly licensed CMOs, namely KAMP and PAVRISK.

“This ruling does not mean people can use music for free,” said an intellectual property expert. “It simply means collections must be done by the lawfully licensed CMOs. KAMP and PAVRISK remain the lawful collecting entities.”

Government to Launch Music Licensing on eCitizen

The government, through the Directorate of eCitizen, is working in partnership with the Kenya Copyright Board (KECOBO) and the licensed CMOs — KAMP and PAVRISK — to roll out a new digital licensing and royalty management system on the eCitizen platform.

Once launched, music users will be able to:

  • Purchase music licenses directly through eCitizen
  • Receive official digital proof of licensing
  • Renew licenses online
  • Reduce harassment and duplication of license demands

At the same time, artists, producers, and performers will be able to:

  • Access their royalty records transparently
  • Track collections and distributions in real time
  • View usage reports and payment histories
  • Improve accountability and trust in the royalty system

The move is part of wider government reforms aimed at digitizing copyright administration, increasing transparency in royalty collection and distribution, and protecting both rights holders and music users.

Businesses Warned Against Paying MCSK

Following the court ruling, businesses and music users have been warned against making any payments to MCSK or its agents. Such payments are not recognized as lawful royalty payments and do not offer any legal protection.

Industry associations have cautioned that dealing with unlicensed entities exposes users to legal and financial risk.

Artists Urged to Engage Licensed CMOs

Artists, producers, and performers have been encouraged to ensure they are registered with the licensed CMOs to benefit from lawful collections and the upcoming eCitizen-based licensing and royalty tracking system.

As at the time of publication, MCSK had not issued an official public statement responding to the High Court ruling.

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