- The licenses were to expire in the next two months.
- However, the petitioners in the case argue that the law does not provide for the extension of a provisional licence as sought to be extended in the letters.
Image: FILE
The High Court has issued a temporary order prohibiting the Kenya Copyright Board (KECOBO) from issuing certificates of registration to Collective Managements Societies (CMOs).
Justice Lawrence Mugambi issued the order following an application filed by two Kenyans-David Mabonga Barasa and Maxwell Barasa.
Were it not for the court order, the board was to hold a meeting today to consider applications by the Performers Rights Society of Kenya, Music Copyright Society of Kenya, Kenya Association of Music Producers and Performing and Audio-Visual Rights Society of Kenya Limited who have been listed as interested parties in the case.
The board is a regulator who is supposed to receive applications from all qualified applicants and process them per the Copyright Act and the regulations.
But through advocate Moses Mutanda, the duo told Justice Mugambi that the applications cannot be vetted because KECOBO’S board of directors is not properly constituted.
According to the court documents, KECOBO wrote to the CMOs last month expressing interest in the extension of their operating licenses.
The licenses were to expire in the next two months.
However, the petitioners in the case argue that the law does not provide for the extension of a provisional licence as sought to be extended in the letters.
They also cited a decision issued by Justice Hedwig Ong’undi in October last year in which she prohibited the Kenya Copyrights Board from issuing any licenses unless it is properly constituted.
The Judge also issued a permanent order prohibiting the Board from issuing a certificate of renewal of a collective management society to any interested party without a legally constituted board.
"The solicitation of applications by the board undermines the ideals of governance, accountability, public participation and decisional independence," the two Petitioners said.
Justice Mugambi who certified their case as urgent directed the application be served on KECOBO and the Attorney General (respondents) within three days.
Responses are to be done within seven days.
The matter will be mentioned on April 27 for further directions.