High Court blocks KECOBO from releasing money from Blank Tape Levy
A file image of the Milimani Law Courts in Nairobi.
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The High Court has barred the Kenya
Copyright Board (KECOBO) from releasing funds collected under the Blank Tape
Levy.
Blank Tape Levy is a nominal fee
imposed on the sale of blank media and devices such as CDs, DVDs, USB drives,
and smartphones, which can be used to make personal copies of copyrighted
content.
KECOBO had announced that it will commence
the implementation of the Blank Tape Levy with effect from September 15.
However, the court has stopped the
process pending a case filed in court by Reuben Kigame, Celestine
Mbogo and Stanley Ahoya.
“Prayer 2 of the Notice of Motion
being an order temporarily restraining the Respondents by themselves or their
agents from releasing funds collected under Section 30 B of the Copyright Act
(commonly known as the Blank Tape/Media Levy) to the interested parties for
distribution of the said blank tape/media levy to any person is hereby granted
pending the hearing of this application inter-partes,” reads court papers.
Justice Lawrence Mugambi further
directed that the application and the petition be served within seven days and
responses be filed and served within seven days from the date of service.
“The Petitioner/Applicant may file
and serve any further documentation/ rejoinder, if need be, within 7 days from
the date of receipt of responses,” the court directed.
The matter will be mentioned on October
16.

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