NAIROBI, Kenya, Mar 5 – The High Court has dismissed a petition by the Music Copyright Society of Kenya (MCSK) seeking to collect royalties and issue copyright licenses on behalf of musicians and singers.

In a ruling delivered on Tuesday, Justice Josephine Mongare of the Commercial and Tax Division struck out the petition, stating that the court lacked jurisdiction to hear the matter.

Justice Mongare directed that the case be referred to the Copyright Tribunal for determination, as mandated by the Copyright Act, 2001.

“I direct that the dispute before this court, first and foremost, be determined by the Copyright Tribunal whose mandate is to hear disputes of a similar nature. The application is therefore dismissed for want of merit, and the petition herein struck out for want of jurisdiction. Costs of this application shall be borne by the applicant. It is so ordered,” said Justice Mongare.

The court explained that MCSK had prematurely moved to court without first exhausting the dispute resolution mechanisms outlined in the Copyright Act.

The law provides a clear path for resolving such disputes before appealing to the High Court, which MCSK bypassed.

The ruling lifts temporary orders issued by Justice Mongare on June 18, 2024, which had allowed MCSK to continue collecting and licensing royalties.

As a result, MCSK no longer holds the authority to collect royalties or issue licenses until the Copyright Tribunal resolves the matter.

The respondents had raised a preliminary objection, arguing that the Copyright Tribunal was the proper forum to handle the dispute.

MCSK had also sought an order to prevent the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) from collecting royalties on behalf of its members.