KAMP wins big as KECOBO, PAVRISK lose court bid to halt licence revocation

The High Court has declined to grant a stay on the Copyright Tribunal’s decision to revoke the Performing and Audio-Visual Rights Society of Kenya (PAVRISK) licence, reinforcing the ruling that the Kenya Association of Music Producers (KAMP) must be issued its operating license.

This decision deals a major blow to by the Kenya Copyright Board (KECOBO) and PAVRISK, which had sought to challenge the revocation, citing severe financial and industry-wide repercussions.

KECOBO had argued for a stay pending appeal, but the court ruled that the board failed to demonstrate that denying the stay would render the appeal useless or cause significant harm.As a result, the Tribunal’s ruling remains in effect.

The court noted that as much as KECOBO asserts that it acts in the public interest, the broader public good would be more effectively served through the lawful and orderly collection of royalties and their distribution to intellectual property rights holders.

"To stay an order that seeks to operationalize such collection, especially in accordance with findings of the Tribunal, would be to frustrate a process that promotes fairness, regulatory certainty, and economic justice,” the court noted.

“Claims of public interest cannot justify unlawful conduct or disobedience of court orders, and courts must remain vigilant against attempts to mask institutional defiance under the guise of public good."

PAVRISK had strongly opposed the tribunal’s decision, arguing that the revocation leaves rights holders without a formal mechanism for collecting royalties, exposing them to substantial financial losses.

In a sworn affidavit dated October 11, 2024, PAVRISK CEO Joseph Njagih asserted that the Tribunal made an error by canceling the organization’s registration while issuing temporary licences to entities that did not meet the required standards.

Njagih claimed that the tribunal’s ruling has led to financial instability and confusion in the industry.

"This decision disrupts the royalty collection framework, putting the livelihoods of many rights holders at risk," he stated.