MPs raise concerns as clubs, salons, matatus to pay annual fees for local music

The Committee, chaired by Ainabkoi MP Samuel Chepkonga, questioned officials from the Ministry of Youth Affairs, Creative Economy and Sports during a session that also included a visiting delegation from Tanzania. 

Central to the discussions was whether the proposed regulations meet the threshold of adequate public participation, following a 2025 High Court decision that invalidated earlier tariffs on similar grounds.

Cabinet Secretary Salim Mvurya, who appeared alongside Principal Secretary Fikirini Jacobs, defended the proposed fees, saying they are designed to ensure creatives earn from the use of their work. He told lawmakers that the revenue generated would go directly to artists rather than the government.

Mvurya also addressed concerns over a proposed annual charge of Ksh.100,000 for legislators, arguing that a flat rate would be more affordable compared to paying royalties for each event where music is played.

However, MPs flagged several issues in the draft regulations. Chepkonga pointed out that the proposals lack clear enforcement mechanisms, warning that the absence of penalties could render them ineffective. He also stressed the need for broader and more meaningful public engagement to avoid another legal setback.

Garissa Town MP Dekow Barrow questioned the inclusion of hospitals among institutions expected to pay the tariffs, expressing doubt over whether such facilities regularly use music in a way that warrants licensing. 

He also sought clarity on how royalties would be handled for international artists whose content is played in Kenya, with the Ministry indicating that discussions with global rights organisations are ongoing.

Nyando MP Jared Okello challenged the credibility of the public participation exercise, noting that only 62 people were reportedly involved. He argued that the number was too small to reflect the diversity of the country.

Okello also warned that a proposed Ksh.500,000 fee for presidential campaign-related music use could limit fair political competition.

Keiyo South MP Gideon Kimaiyo added that the tariffs have already sparked concern among small business operators, particularly salons and barbershops, which could be required to pay up to Ksh.5,000 annually.

The proposals stem from a broader restructuring by the Kenya Copyright Board, which recently unveiled updated tariffs covering DJs, event organisers, media houses and businesses that use music in their operations.

Under the new framework, DJs would pay either Ksh.30,000 annually or Ksh.1,000 per event, while media houses would remit a percentage of their net revenue, with minimum annual contributions running into hundreds of thousands of shillings.

Businesses such as nightclubs, restaurants, hotels and short-term rental operators would also be charged based on their licensing categories, while retail outlets and public service operators would pay fees determined by size and capacity.

The Committee has now directed the Ministry to submit evidence of wider stakeholder consultations, including engagement with affected sectors such as hospitals and small businesses, and to revise the draft regulations before presenting them again for consideration.