Music Copyright Society of Kenya (MCSK) Chief Executive Ezekiel Mutua has hit back at the Kenya Copyright Board (KECOBO) for claims that the society shortchanged artists.
KECOBO had invited the Ethics and Anti-Corruption Commission (EACC) to open a probe into MCSK's activities as well as those of other Collective Management Organisations (CMOs) including the Kenya Association of Music Producers (KAMP) and Performers Rights Society of Kenya (PRISK).
In his missive on Wednesday, Mutua argued MCSK followed prescribed procedures to ensure that appropriate funds were being paid to deserving artists.
He further refuted KECOBO's claim that artists attached to the organisations deserved 70 per cent of all the monies collected.
"We ran a public notice on January 19 citing the amount of money to be distributed and the criteria to be used for distribution. This was way before the ongoing distribution started. The distribution which started on 25th January runs all the way to March 29, 2024," he stated.
"We cited the rules of distribution and criteria based on log sheets from licensed broadcasters and the amount of money declared for distribution. But today KECOBO says we should have paid using something they are calling the 70% rule. Where exactly in the Copyright Act or any other law in Kenya does it talk of the 70% rule?"
KECOBO, in a stern five-page letter, called for investigations claiming that the three organisation collected Ksh249,687,212.80 royalties but distributed less than a third of the figure.
"From the Information presented by the three CMOs themselves, KECOBO established that the sum of Ksh249,687,212.80 was collected jointly from January to December 2023," read the notice in part
"However, there was a disparity in amounts declared by MCSK and those declared by KAMP and PRISK for 2023 joint collection. While KAMP and PRISK declared a collection of Ksh249 million and they accounted for Ksh61 million and Ksh52.7 million, respectively, MCSK on its part declared receipts of Ksh109 million representing a shortfall of Ksh26 million. Cumulatively, MCSK declared total revenues of Ksh139,295,094 comprising of Public Performance (Ksh109 million) and Mechanical income (shillings thirty million)."
According to the board, the three organisations ought to have distributed Ksh173 million representing 70 percent of the collected revenues.
In accompanying data, KECOBO revealed that the highest earner Rehema Lugose pocketed Ksh757,092, a figure lower than Ksh4.540,000 she was entitled to while the second, Reuben Kigame, received Ksh122,410 from Ksh734,460.
“In view of the above, I directed that the matter be handed over to the Ethics and Anti-Corruption Commission (EACC) and Director of Criminal Investigations (DCI) for investigations. The letters to those two institutions’ CEOs have been prepared and dispatched. My office shall be following up on the progress at both DCI and EACC next week,” added Kutuny.
Mutua had earlier stated that MCSK was distributing northwards of Ksh20 million to artists.
