This archive report was first published on 6 November 2019.
On November 5th, Justice Fred A. Ochieng issued a judicial review ruling in Kisumu, clearing the way for the three Collective Management Organizations to continue with the Joint Copyright and Related Rights licensing.
According to the ruling, the organizations - KAMP, PRISK, and MCSK - will continue with the joint collections for a period of 60 days. This decision was made following a filing by Music Copyright Society of Kenya (MCSK) after the adverse judgment against them and not being a party to the suit.
Justice Ochieng also ordered that Music Copyright Society of Kenya be enjoined to the proceedings as an Interested Party, and that the Kenya Copyright Board and the Attorney General have 60 days to constitute a lawful Kenya Copyright Board. Additionally, accounts shall be rendered for the 60 days, during the time when the Lawful Board shall be undergoing reconstruction.
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 February 1st, 2019, at a time when the Kenya Copyright Board was not properly constituted.
The matter is set to mention on February 4th, 2020, for further Directions and Orders.
