Court declines to freeze MCSK royalty collections amid Sh56 million row
Justice Roseline Aburili said the orders sought were in the nature of a mandatory injunction, which would effectively give the applicants what they are asking for before the case is concluded.
The High Court has rejected a request by two musicians seeking to temporarily block the Music Copyright Society of Kenya (MCSK) from collecting royalties, even as questions mount over the handling of Sh56 million meant for artistes.
The case was filed by Justus Ngemu and Saul Esikuri, who accuse MCSK of mismanaging money collected from music consumers and failing to properly account for it.
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They claim that the society has been split into rival factions, each operating its own bank and paybill accounts to collect revenue from both local and international music users.
Their application followed revelations made on February 2, 2024, when the Kenya Copyright Board (Kecobo) announced that MCSK could not account for Sh56 million it had received on behalf of artistes.
The two musicians say Kecobo forwarded the matter to the Ethics and Anti-Corruption Commission (EACC) for investigations, but no action has been taken against those involved.
Ngemu and Esikuri wanted the court to issue interim orders halting MCSK’s collection of royalties until their case is fully heard and determined.
They argued that allowing the organisation to continue operating would further expose artistes to potential losses.
Justice Roseline Aburili, however, dismissed the application, saying the orders sought were in the nature of a mandatory injunction, which would effectively give the applicants what they are asking for before the case is concluded.
“A stay would suspend the collection of royalties for artistes and musicians, thereby paralysing a statutory function bestowed upon MCSK and causing prejudice to third parties who are not before the court,” said Justice Aburili.
The ruling means MCSK will continue to collect royalties as the court prepares to hear the main case touching on alleged financial mismanagement within the organisation.
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