KAMP accuses KECOBO of failing to grant operating licence despite court order
The fight to control Kenyan artists’ music royalties among Collective Management organizations and regulator Kenya Copyright Board continues to intensify.
Just days after Kamp Copyright and Related Rights Ltd, formerly Kenya Association of Music Producers (Kamp), welcomed the High Court’s decision to set aside the stay orders issued against KECOBO, the CMO is now accusing the regulator of not respecting the orders.
The copyright Tribunal had earlier quashed the illegal license granted by the Board (KECOBO) to the Performing and Audio Visual Rights Society of Kenya (PAVRISK).
Despite the July ruling, on 2 August, KECOBO maintained that PAVRISK remained the sole CMO, forcing KAMP to return to court.
In his ruling of 15 October 2024, the Honourable Justice Joe M. Omido in Civil Appeal No. E1035 of 2024 (KECOBO vs. KAMP & others) found KECOBO guilty of material non-disclosure.
KAMP alleged that KECOBO’s attempt to conceal critical information underscores the regulator’s growing impartiality and bias in its oversight role over the Collective Management Organisations (CMOs).
Kamp Chairperson Angela Ndambuki blasted the regulator accusing the body of favouritism.
“We are deeply saddened by KECOBO’s continued display of favoritism and failure to act impartially as the regulator of Kenya’s creative industries. These actions have resulted in a spate of litigation, further undermining confidence in the system and damaging the livelihoods of rights holders. The constant litigation fuelled by KECOBO’s misconduct has significantly affected the collection and distribution of royalties. Kamp has been forced to pursue several legal avenues to defend the rights of its members and those of other CMOs. With the latest ruling upholding the Copyright Tribunal’s earlier decision, we hope that KECOBO will now cease its unlawful practices and abide by the law.” the former musician said.
Kamp CEO CS Maurice Okoth has also lamented on KECOBO’S reluctance to issue the CMO with an operating license despite the ruling.
“The Copyright Tribunal has already given its judgment and ordered KECOBO to issue provisional licenses to all CMOs. However, KECOBO continues to delay and obstruct the process. We now call on KECOBO to respect the court’s decision and restore a fair licensing process.”