COURT ALLOWS KAMP PRISK MCSK TO PROCEED WITH JOINT LICENSING

Kenya Association of Music Producers, Performers Rights Society of Kenya and Music Copyright Society of Kenya are applauding the Kisumu judicial review ruling issued by Justice Fred A. Ochieng that clears the way for the three Collective Management Organizations to continue with the Joint Copyright and Related Rights licensing.

In the new ruling issued on 5th November, Justice Fred A. Ochieng directed the 3 collective management organizations i.e. KAMP, PRISK, and MCSK to continue with the joint collections for a period of 60 days.

Justice Ochieng made the decision following a filing by Music Copyright Society of Kenya (MCSK) after the adverse judgment against them and not being a party to the suit, and made an application to be joined as an interested party in the suit and for review of the judgment.

In the ruling he also ordered that:

       I.          Music Copyright Society of Kenya be enjoined to these the proceedings as an Interested Party;

     II.          The Kenya Copyright Board and the Attorney General have 60 days to constitute a lawful Kenya Copyright Board;

    III.          That accounts shall to be rendered for the 60 days, during the time when the Lawful Board shall be undergoing reconstruction. The Accounts shall be rendered to the Kenya Copyright Board, which shall render a Report of the Accounts, to the Court, within 14 days from the expiry of the 60 days;

The justice made the decision following the filing of numerous applications by Kisumu Bar Owners in the Kisumu Judicial Review No. 4 of 2019. In the previous Judgement the court found that the Executive Director of the Kenya Copyright Board had issued a license to Music Copyright Society of Kenya (MCSK) on 1st February, 2019, at a time when the Kenya Copyright Board was not properly constituted thus, the Executive Director had acted without the requisite legal mandate.

The matter is set to mention on 04/02/2020 for further Directions and Orders