Music Copyright Society of Kenya (MCSK)

MCSK (Music Copyright Society of Kenya) is a non-profit collective management organization established on January 17, 1983 as a company limited by guarantee under Kenya's Companies Act. It administers performing and reproduction rights for over 16,000 Kenyan composers, authors, arrangers, and publishers of copyrighted musical works. MCSK negotiates licenses, monitors music usage, collects and distributes royalties, and provides legal support to members. As of February 2026, MCSK does not hold a valid operating license from the Kenya Copyright Board (KECOBO).

How MCSK Works

MCSK was Kenya's primary collective management organization for musical works for over four decades. The organization operates by assigning exclusive rights from local and international authors, composers, arrangers, and publishers, then licensing those rights to music users including radio stations, television broadcasters, streaming platforms, matatu operators, hair salons, hotels, restaurants, and live event promoters.

Under Kenyan law, collective management organizations must be licensed by KECOBO to legally collect and distribute royalties. CMOs are also required to cap administrative expenses at 30% of collections, ensuring at least 70% of all collected royalties reach artists directly. KECOBO mandates that licensed CMOs use transparent ICT systems for collection and distribution tracking.

2025-2026 Licensing Crisis

In a significant regulatory development, KECOBO did not renew MCSK's operating license for the 2025/2026 period. The timeline of events:

• April 2025: KECOBO issued six-month conditional provisional licenses to three CMOs (KAMP, PAVRISK, and MCSK) with strict conditions around member verification, public reporting, ICT-based collection, and distribution compliance.
• June 2025: KECOBO stated that only PAVRISK and KAMP had been fully licensed, and that MCSK's license had been withheld.
• October 14, 2025: KECOBO officially rejected MCSK's renewal application. The regulator licensed only PAVRISK and KAMP for the 2025/2026 period.
• October 31, 2025: The Copyright Tribunal discharged an interim order that had briefly allowed MCSK to continue operations.
• December 15, 2025: The High Court declined to suspend the Tribunal's decision, leaving the ban on MCSK in place. A full hearing was scheduled for July 2026.
• January 21, 2026: Justice Patrick Otieno struck down a constitutional petition filed by MCSK members, ruling the High Court lacked jurisdiction.
• February 13, 2026: The High Court in Milimani affirmed that MCSK has no legal right to demand music usage fees, copyright fees, or licensing charges without a valid KECOBO license.

KECOBO cited several reasons for non-renewal: MCSK failed to provide certified annual returns and audited financial statements for the preceding five years, could not prove its administrative costs remained within the 30% threshold, and had missing documentation regarding member identification and corporate structures.

MCSK's website maintains that court orders permit it to continue operating, but the High Court has consistently ruled against this position. As of February 2026, only PAVRISK and KAMP are authorized to issue a Unified Copyright Licence for royalty collection in Kenya. Businesses paying royalties to MCSK during this period risk paying for invalid licenses.

Real-World Example

Before the licensing crisis, a Kenyan songwriter registering 20 songs with MCSK would have received royalties from radio airplay, streaming platforms, and businesses playing background music. If a Nairobi radio station played 8 of those songs in a given quarter and Spotify reported 100,000 streams of 10 songs, MCSK would collect royalties from both sources and distribute them to the songwriter, minus the administrative fee (capped at 30% by law).

In 2025, PAVRISK reported its first royalty payout of KSh 24.018 million to members, demonstrating that royalty collection and distribution continued in Kenya through the licensed CMOs even as MCSK's license was suspended.

As of February 2026, a Kenyan songwriter who was previously an MCSK member faces uncertainty. Royalties that would have been collected by MCSK are now supposed to be collected by PAVRISK under the Unified Copyright Licence system. The songwriter's existing work registrations and membership status with MCSK are in administrative limbo pending the July 2026 court hearing. MCSK's 16,000 members are affected by this transition.

Why It Matters for Independent Artists

If you are a Kenyan songwriter, composer, or publisher, the MCSK licensing crisis directly affects your ability to collect royalties. As of February 2026, you should not pay royalties to MCSK, as the High Court has ruled such collection is illegal without a valid KECOBO license. Instead, PAVRISK and KAMP are the authorized CMOs for the current period.

If you are an MCSK member, monitor the July 2026 court hearing outcome. If MCSK eventually regains its license, your existing memberships and work registrations may resume. In the meantime, consider registering with PAVRISK to ensure your royalties continue to be collected. PAVRISK reported its first royalty distribution of KSh 24.018 million in September 2025, indicating that the licensed CMOs are actively paying artists.

For non-Kenyan artists, your home PRO's reciprocal agreements with Kenyan CMOs may need to be redirected from MCSK to PAVRISK or KAMP. Check with your local PRO to confirm which Kenyan society is currently authorized to collect on your behalf. The situation is fluid and may change based on the July 2026 court ruling.

The KECOBO enforcement action highlights a broader trend in African copyright administration: regulators are demanding greater transparency, better member verification, ring-fenced trust accounts, and proof that the 70/30 distribution rule is being followed. This benefits artists in the long run, even if the transition period creates uncertainty.

Related Resources

• Performing Rights Organizations (PRO) - What a PRO is and how it functions
• Performance Royalties - How performance royalties are generated and collected
• Mechanical Royalties - How mechanical royalties work alongside performance royalties
• Blanket License - The licensing model used by CMOs
• CISAC - The international confederation coordinating global royalty collection
• MCSK Official Website - Visit MCSK for updates on licensing status
• Use our Streaming Royalty Calculator to estimate your digital earnings