Inside row between MCSK & KECOBO: Why MCSK can no longer collect royalties [Timeline]

The Music Copyright Society of Kenya (MCSK) has lost its legal authority to collect royalties from music users across the country.

A series of rulings from the Copyright Tribunal and the High Court have upheld a decision by the Kenya Copyright Board (KECOBO) to deny the society an operating licence for the 2025/2026 period.

Consequently, any attempt by MCSK to demand payment for music usage is currently illegal.

The transition from being the dominant royalty collector to a barred entity followed a sequence of legal setbacks.

• October 14, 2025: KECOBO officially rejected the renewal application of MCSK.

  The regulator licensed only two entities: the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) and the Kenya Association of Music Producers (KAMP).

• October 31, 2025: The Copyright Tribunal, chaired by Elizabeth Lenjo, discharged an interim order that had briefly allowed MCSK to continue operations.

  This ruling effectively stopped MCSK from acting as a Collective Management Organisation (CMO) while its appeal was pending.

• December 15, 2025: High Court Judge Justice Linus Kassan declined to stay the Tribunal's decision.

  He directed that the main dispute proceed to a full hearing in July 2026, leaving the ban on collection in place.

• January 21, 2026: Justice Patrick Otieno, sitting at the High Court in Lodwar, struck out a constitutional petition filed by MCSK members.

  The judge ruled that the High Court lacked jurisdiction and that the petitioners should have exhausted the dispute resolution mechanisms provided by the Copyright Tribunal first.

• February 13, 2026: The High Court in Milimani issued a fresh warning to MCSK.

  The court affirmed that the society has no legal right to demand music usage fees, copyright fees, or licensing charges without a valid licence from KECOBO.

The regulator cited compliance failures on MCSK's part for the non-renewal.

MCSK failed to provide certified annual returns and audited financial statements for the preceding five years as required by the Copyright (Collective Management) Regulations, 2020.

Additionally, KECOBO raised concerns over administrative costs.

Under Kenyan law, CMOs must cap their administrative expenses at Sh30 for every Sh100 collected.

KECOBO noted that MCSK had not proven its costs remained within this 30% threshold. The board also highlighted missing documentation regarding member identification and corporate structures.

As it stands, only PAVRISK and KAMP are authorised to issue a Unified Copyright Licence for the current period.

Businesses such as matatu operators, hair salons, hotels, and broadcasters are advised not to pay royalties to MCSK.

According to Section 46(12) of the Copyright Act, any person or entity that purports to collect royalties without KECOBO authority commits an offence.

Conviction carries the risk of a fine or a prison term.

The regulator has mandated that all licensed CMOs use a transparent ICT system to ensure at least 70% of all collections reach the artists directly.

As of February 15, 2026, MCSK remains without a valid operating licence.

The High Court has made it clear that judicial intervention will not be used to bypass the regulatory requirements of KECOBO.

For now, the 'power to collect' belongs solely to the two licensed bodies, leaving MCSK's 16,000 members in a state of administrative limbo.