The court's decision follows a petition filed by music rights groups challenging the legality of payments distributed via these platforms. They argue that musicians receive only a fraction of what their content generates, calling the current distribution model "opaque and exploitative."
High Court Ruling Signals Hope for Harmonized Royalties
The ruling—while temporary—marks a crucial moment in the long-standing battle between content creators and telecom firms over music revenue. For years, local artists have claimed they see little return from the widespread use of their songs as caller ringtones and streaming options.
Skiza and Hello Tunes, operated under partnerships with major telcos like Safaricom, have long been used by millions of subscribers. However, the court's suspension implies potential breaches in how payments are channeled through the Kenya Copyright Board and the Music Copyright Society of Kenya (MCSK).
Justice Lawrence Mugambi, who presided over the case, emphasized that “artistic works deserve lawful and transparent compensation,” pointing out that any payments made without proper regulatory frameworks could be unconstitutional.
Industry Reactions and Implications
The response from the entertainment industry has been mixed. While advocacy groups applaud the court's move as a "victory for artistic justice," telcos and service providers warn that the halt could affect over 300,000 registered musicians who rely on this income stream.
MCSK CEO Ezekiel Mutua, in a press briefing, urged all stakeholders to comply with the court’s orders and work toward a more accountable payment system. “This is an opportunity to reimagine how royalties are shared, ensuring musicians aren’t shortchanged,” he said.
Economists also note that this judgment could push for reforms beyond Kenya, potentially influencing how other African countries regulate digital royalties.
What’s Next?
The court has set a future date to hear full arguments, allowing time for legislative reviews and industry consultations. Meanwhile, artists and rights bodies are hopeful this will lead to a new legal framework that better protects intellectual property and ensures fair earnings.
As Kenya pauses to reflect on this judicial note, one thing is clear—the harmony between tech, law, and art must be tuned to equity.