The High Court rejected the Music Copyright Society of Kenya's (MCSK) request to break away from the Kenya Copyrights Board (KECOBO).
Justice Antony Mrima, in the ruling, stated that MCSK is a Collective Management Organisation (CMO) as dictated by the Copyright Act.
As such, the judge gave KECOBO powers over MCSK, ending a prolonged battle between the two bodies.
In addition, the Dr Ezekiel Mutua-led society was ordered to register a fresh with KECOBO before October 25.
The registration, according to KECOBO CEO Edward Sigei, will be subject to thorough scrutiny touching on various aspects.
Key among the requirements for the CMOs to be cleared include proof that the organization had complied with the previous year’s license conditions. CMOs will also be required to provide verifiable member information.
Financial records for the last three years will also be combed through as KECOBO seeks to stump authority.
"Previously registered CMOs will be subjected to a forensic audit soon and must demonstrate that they had complied with the previous year’s licence conditions and account for money received from local and international sources in the last three years," read an excerpt of the statement sent by KECOBO.
The move is geared towards restoring normalcy in the industry and maximising gains for local and international artists.
MCSK had filed two petitions seeking to block the copyrights board from taking over the role of collecting royalties on behalf of musicians.
The society will continue collecting royalties on behalf of the artists in Kenya, nonetheless.
In its response, MCSK termed the reports as false and misleading, stating that the court did not comment on the issue.
"We are studying the judgment, and we will guide our members on the way forward. In the meantime, it should be noted that MCSK has not given any directives or communications to its members to either join any association or participate in the purported review of the Copyright Act," a statement on its official website stated.
