Tariffs under consultation + collector authority contested
What’s happening (and why it matters)
Kenya’s music licensing and royalty collection environment is actively contested: tariff-setting frameworks are being debated and updated through formal processes, while collector authority (who may lawfully invoice/collect) is being tested through decisions at the Music Copyright Tribunal and the High Court.
For rights-holders and their reps, the risk is practical: paying the wrong entity (or paying without a valid basis) can leave you without a clean licence position and with a dispute later.
Tariffs: process + effective dates matter more than the headline numbers
Kenya’s tariffs aren’t just “prices” — they sit inside a legal/regulatory process, and effective dates and instruments determine what applies.
A current reference point in the public record is Legal Notice No. 84 of 2023 (“Consolidated Music Tariffs for the period 1 January 2023 to 31 December 2024”). That instrument also indicates earlier tariff arrangements it repeals.
What to verify before you accept a tariff demand (or brief a client):
- Which tariff instrument is in force right now, and its effective dates.
- Whether a new or replacement tariff proposal is open for public participation / consultation (and the deadline).
- Whether any tribunal/court order has paused or narrowed tariff implementation or enforcement.
Collector authority: verify who can collect, for what, and for which period
Collector authority in Kenya turns on licensing status and mandates — and those can change quickly.
Recent reporting and decisions indicate the following as at February 2026:
- The Music Copyright Tribunal barred MCSK from collecting/distributing royalties after lifting an interim order that had allowed continued operations (reported 3 Nov 2025).
- The High Court has since affirmed/underscored that MCSK lacked legal authority to collect music-related fees without a valid licence (reported 17 Feb 2026).
- The High Court also upheld KECOBO’s decision not to renew MCSK’s licence for the 2025/2026 period on procedural/jurisdictional grounds (reported 23 Jan 2026).
Because these matters remain in litigation/appeal cycles, treat “who can collect” as date-stamped.
Checklist for rights reps (mandates + invoices)
Not legal advice — an operational checklist to reduce avoidable risk:
- Mandate audit (date-stamped): confirm the exact writers/publishers you represent and keep signed mandate evidence.
- Right + territory clarity: invoice review must specify which right (e.g., public performance/communication to the public) and the period covered.
- Authority evidence pack: keep a copy/screenshot/PDF of the collector’s licensing/authorisation status and any regulator notices as at the invoice date.
- Works list hygiene: clean titles, writer names, splits, and identifiers so you can evidence repertoire fast in disputes.
- Escalation map: know your internal rule for when to pause payment and escalate (e.g., conflicting demands, unclear authority, or pending orders).
For creators: membership + dispute routes
Creators can protect themselves by checking:
- Society membership status (active/inactive; categories).
- Work registrations and splits (accuracy is the difference between ‘tracked’ and ‘lost’).
- Where disputes go first (tribunal/regulator/internal society processes) — and what documentation is required.
CIPIT’s recent analysis (April–May 2025) is a useful explainer of how provisional licensing and ongoing disputes have shaped the current landscape.
What we’d focus on
In regulatory uncertainty, paperwork beats panic. The strongest posture is: clean mandates, clean repertoire data, and a date-stamped authority trail for every payment decision.
Request a mandate + membership verification checklist you can run across your roster before you sign, pay, or challenge any demand.
Sources
Reporting and public records consulted include Music In Africa, The Star (Kenya), CIPIT (Strathmore University), and Kenya Law.
- Music In Africa — “Kenya: High Court bars MCSK from collecting music fees” (17 Feb 2026, Kenya)
- Music In Africa — “Kenya: Tribunal bars MCSK from collecting royalties pending appeal” (3 Nov 2025, Kenya)
- The Star (Kenya) — “Court upholds KECOBO’s decision not to renew MCSK’s licence” (23 Jan 2026, Kenya)
- CIPIT (Strathmore University) — “Collective management organisations in Kenya: will the licensed CMO please stand up?” (24 Apr 2025, Kenya)
- CIPIT (Strathmore University) — “IP and music in Kenya: how royalties battles and artists are shaping Kenya’s creative economy” (27 May 2025, Kenya)
- Kenya Law — Legal Notice No. 84 of 2023: “Consolidated Music Tariffs for the period 1 Jan 2023 to 31 Dec 2024” (29 Jun 2023, Kenya)
- WIPO Lex — Kenya: Legal Notice No. 84 of 2023 (Consolidated Music Tariffs) (29 Jun 2023, Kenya)
