Ezekiel Mutua opposes collection of music royalties through E-Citizen

The Music Copyright Society of Kenya has criticized the government’s plan to collect musicians’ royalties through E- Citizen platform.

Hundreds of the creatives said music was personal intellectual property and MCSK a private entity hence the intention unconstitutional.

Addressing the press during the society’s special AGM at a Machakos hotel on Friday, the musicians told off the government of the intentions to collect their royalties through the platform telling President William Ruto’s administration to support them in the collections through re-enforcement.

“The intended introduction of E-Citizen to collect musicians’ royalties in the country won’t work for various reasons; music is a musician’s private property right, the government doesn’t help musicians to produce their music, doesn’t buy the music and copyright is a private property,” MCSK CEO Ezekiel Mutua said.

Mutua cautioned the government against making the move stating that as an association they would move to court to defend their constitutional rights if such happens.

“Please, don’t try something that will end up in court and it will be declared unconstitutional. Don’t give the President a bad name, you can’t administer private rights,” Mutua said.

He said MCSK has a membership of over 16,000 all of whom joined it of their own volition.

Mutua told off musicians opposed to the society telling them to leave in peace instead of causing issues and confusion to the majority who were happy members.

“Those going to cheat CSs that the government can run E-Citizen and collect copyright for musicians, it won’t happen. We will take you to the Constitutional court, International Court of Justice, please let musicians do their business,” Mutua said.

“For far too long, we have lied to them and misused them. Musicians will sit at high tables and earn money. They have now started, someone who used to get Sh2,000 has now received Sh100,000.” 

He said there must be public participation before the state introduces any policies that affect musicians.

Mutua said the special AGM was in line with the Companies Act 2015.

He said under his leadership, their members must get hope and improve their living standards.

“Many children including some musicians in the country have lost hope. They die by suicide since they have no hope in life. We are restoring hope, Barack Obama called it the audacity of hope. Hope against odds, uncertainties, enemies, odds that we are going through,” Mutua said.

MCSK chairman Lazarus Muli echoed the CEO’s sentiments noting that as a society, they were so far doing well in terms of royalties’ collections.

“The next distribution is in April, we are well prepared to diligently serve our members,” Muli said.

Muli said they thank the government for support in various areas though condemn its attempts to interfere with private rights.

“Music is a private right, shouldn’t be interfered with. We want enforcement from the government to help us on how our property will be protected and to receive collections for our members to enjoy fruits of their labour, money” Muli said.

Artiste Anderson Ambindi aka Man Ingwe said musicians need to understand what they have at their disposal.

“They need to know that the musical talent that they have is just like those of lawyers, teachers, and engineers among other professionals. And, anytime someone seems to be undermining the intellectual property that we have, musicians must come up and defend that right,” Ambindi said.

Ambindi said even though they had challenges in the past most of which they were able to deal with doesn’t mean that the government would interfere with their operations and rid them of their constitutional rights.