The music has stopped for the Music Copyright Society of Kenya (MCSK). In a landmark ruling, the High Court has upheld the Kenya Copyright Board’s (KECOBO) decision to deny the embattled society a license to collect royalties for the 2025/2026 period.

Justice Patrick Otieno struck out a petition filed by MCSK members Ibrahim Yusuf and Jalinga Ekai, terming it a "clever framing" designed to bypass the proper legal channels. The judge ruled that the court lacked jurisdiction, directing the aggrieved parties to the Copyright Tribunal instead. This decision effectively leaves MCSK paralyzed and unable to legally collect a single cent from broadcasters or matatus.

"A Pretext for Jurisdiction"

The court saw right through the petitioners' strategy. By framing the license denial as a constitutional violation of property rights, MCSK sought to sidestep the Tribunal. Justice Otieno was having none of it.

• The Legal Knockout: "The court reads the petition... as a pretext to vest jurisdiction in this court which otherwise belongs to the tribunal," the ruling read. The judge also noted that the license in question had already expired, rendering the entire case moot.
• Artist Agony: For Kenyan musicians, this is yet another chapter in the chaos of royalty collection. While KECOBO argues this is necessary to clean up the sector, artists are left wondering who will pay them for their airplay this year.

What Next?

KECOBO has maintained that MCSK failed to meet the threshold for licensing, citing issues with accountability. The court has now advised MCSK to apply for a fresh license through the statutory process, but the damage to their authority is immense.

For now, the message to music users is clear: Do not pay MCSK. The "license" they wave is, in the eyes of the law, just a piece of paper.