It is a big win for musicians and singers after the High Court has dismissed a petition by the Music Copyright Society of Kenya (MCSK) seeking to collect royalties on their behalf.
In a ruling delivered by Justice Josephine Mongare of the Commercial and Tax Division, the court struck out MCSK's petition, stating that it lacked jurisdiction to hear the matter. The judge also vacated the conservatory orders issued in June 2024 which had temporarily allowed MCSK to collect royalties for Musicians and singers and issue licenses for copyrighted music.
While dismissing the lawsuit, Justice Mongare explained that MCSK had prematurely moved to court without first exhausting the established dispute resolution mechanisms outlined in the Copyright Act, 2001. The Act provides a clear path for resolving such disputes before appealing to the High Court, and MCSK had bypassed this process by filing directly with the court. "MCSK prematurely filed the petition, violating the doctrine of dispute exhaustion, as the Copyright Act, 2001 provides an elaborate dispute resolution mechanism prior to any appeal at the High Court," Justice Mongare stated.
This ruling effectively nullifies the temporary orders issued by Justice Mongare on June 18, 2024, which had allowed MCSK to continue collecting and licensing royalties. The decision now strips MCSK of its authority to collect royalties or issue licenses to users of music until the dispute is resolved through the appropriate channels.
