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The High Court has barred the Music Copyright Society of Kenya (MCSK) from collecting royalties, effective Friday, February 13, 2026.
This ruling effectively pulls the plug on the organization’s ability to demand fees from copyright users across the country.
Licensing Failure
The court’s intervention follows a decisive move by the Kenya Copyright Board (KECOBO), which refused to renew MCSK’s license as a Collective Management Organisation (CMO) for the 2025/2026 period.
Without this license, MCSK lacks the legal standing to levy or collect any payments.
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KECOBO Vs MCSK’s licence
KECOBO was able to collect and distribute music royalties on behalf of Kenyan artists after the High Court upheld its decision on January 23 to not renew MCSK’s license.
The court determined that the Copyright Tribunal must initially handle any dispute pertaining to the denial or renewal of a collective management license under the Copyright Act.
The High Court was unable to hear the case because this legal procedure was not followed.
On December 10, 2025, MCSK, through its lawyer Duncan O’kubasu, had moved to the High Court under a certificate of urgency seeking to stay the Tribunal’s ruling that prohibited it from collecting and distributing royalties.
The society sought to suspend a decision by KECOBO dated October 14, 2025, which declined to issue it with an operating licence pending the hearing and determination of the appeal.
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MCSK members escalated the dispute by framing their grievances as constitutional petitions rather than routine licensing appeals.
They argue that KECOBO’s refusal to renew their license violates their fundamental rights to fair administrative action (Article 47) and the protection of property (Article 40).
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Photo of a court hammer symbolizing an ongoing court case in the High Court. PHOTO/Canva