Music, Money, and Rights: Tackling Copyright Infringement in Kenya’s Creative Industry
The Mt Kenya Times 
By: Odhiambo Jerameel Kevins Owuor
Kenya has a lively creative industry with a lot of music, movies, books, and art. This industry is important to Kenya’s culture and economy. According to the World Intellectual Property Organization (WIPO), copyright-related businesses make up about 5.32% of Kenya’s GDP, which is around 85.21 billion Kenyan shillings. Music is a big part of this, with Kenyan artists creating music that people in Kenya and other countries enjoy. However, there’s a problem: copyright infringement. This means that Kenyan musicians often don’t get paid fairly for their work because of piracy and weak enforcement of copyright laws.
The scale of the problem is staggering. Partners Against Piracy (PAP), a Kenyan industry lobby group, reported in 2022 that the creative sector loses approximately Sh92 billion (around $710 million USD at current exchange rates) annually to piracy, with music accounting for Sh15 billion of that figure. Updated projections for 2025, factoring in the growth of digital platforms, suggest this figure may have climbed closer to Sh100 billion, given the proliferation of online streaming and downloading services. Illegal distribution of music whether through pirated CDs, unauthorized downloads, or streaming on rogue platforms deprives artists of royalties, undermines the industry’s economic potential, and stifles innovation. This financial hemorrhage is not just a loss of income but a direct threat to the livelihoods of over 16,000 members of the Music Copyright Society of Kenya (MCSK), who depend on fair compensation for their work.
The legal framework governing copyright in Kenya is anchored in the Copyright Act of 2001, administered by the Kenya Copyright Board (KECOBO). This legislation outlines protections for musical works, granting creators exclusive rights over reproduction, distribution, and public performance. Yet, enforcement remains a weak link. A 2024 study from Strathmore University’s Centre for Intellectual Property and Information Technology Law (CIPIT) highlighted that while the law is robust on paper, its application falters due to limited resources, inadequate training for enforcement officers, and a judiciary overwhelmed by case backlogs. For instance, despite amendments in 2019 to strengthen penalties fines up to Kshs. 2 million or imprisonment for up to 10 years convictions for copyright infringement remain rare, with only a handful of high-profile cases prosecuted in the past five years.
This enforcement gap is compounded by the digital revolution, which has transformed how music is consumed and infringed upon. The rise of free streaming and downloading platforms has made it easier than ever for consumers to access music without compensating artists. A 2024 qualitative study published in the *Journal of Modern Law and Policy* compared copyright laws across Zambia, Kenya, and the United States, finding that Kenya’s framework lags in addressing digital piracy explicitly. Unlike the U.S., where the Digital Millennium Copyright Act provides clear mechanisms for takedowns and liability for internet service providers (ISPs), Kenya’s laws lack specificity, leaving artists vulnerable. Posts on X in early 2025 echo this sentiment, with users lamenting that “it’s 2025 and we still don’t understand intellectual property in Kenya,” reflecting a growing public awareness of the issue but little tangible progress.
Collective Management Organizations (CMOs) like the MCSK, the Performers Rights Society of Kenya (PRiSK), and the Kenya Association of Music Producers (KAMP) are tasked with collecting and distributing royalties, yet they too face scrutiny. In November 2024, the MCSK issued a press statement defending its leadership under CEO Dr. Ezekiel Mutua, claiming significant strides in royalty collection up from Kshs. 350 million in 2013 to over Kshs. 500 million in 2024. However, a 2024 Research Gate study on ethical dilemmas in Kenya’s music industry revealed persistent allegations of mismanagement and corruption within CMOs, with artists reporting delayed or withheld payments. This disconnect between collection and distribution erodes trust, pushing some independent artists to bypass CMOs entirely, further fragmenting efforts to combat infringement.
The economic implications of these challenges ripple beyond individual artists to the national level. The creative industry’s potential to create jobs PAP estimates that curbing piracy could generate 50,000 new positions remains untapped amid rampant theft of intellectual property. Moreover, the government loses significant tax revenue, with PAP calculating a combined loss of over Sh17 billion annually in VAT, corporation tax, and income tax due to unregistered pirate operations. This fiscal shortfall hampers public investment in cultural infrastructure, perpetuating a vicious cycle where weak enforcement begets more infringement, and artists struggle to sustain their craft. As Kenya positions itself as a creative hub under initiatives like the Africa Continental Free Trade Area (AfCFTA) Strategic Plan 2022-2027, addressing copyright infringement becomes not just a legal necessity but an economic imperative.
Solutions, however, are within reach if stakeholders act decisively. Strengthening enforcement requires a multi-pronged approach: increasing funding for KECOBO, training police and judicial officers in intellectual property law, and leveraging technology to track digital infringements. The 2019 Copyright Act amendments introduced provisions (Sections 35 B, C, & D) mandating ISPs to cooperate in blocking pirated content, yet implementation has lagged. PAP’s 2022 call for action within 100 days went unanswered, but as of March 2025, renewed advocacy could pressure the government to activate these measures. Additionally, public awareness campaigns supported by influential artists could shift consumer behavior away from piracy, emphasizing the link between music consumption and artists’ livelihoods.
Internationally, Kenya can draw lessons from countries like Nigeria and South Africa, where stronger collaboration between governments, ISPs, and CMOs has reduced piracy rates. For instance, South Africa’s Copyright Amendment Bill, enacted in 2023, introduced mandatory ISP accountability and streamlined royalty systems, boosting artist earnings by an estimated 15% within two years. Kenya could adapt such models, tailoring them to local realities, while enhancing transparency within CMOs through regular audits and artist representation on boards. Independent artists, often the hardest hit by infringement, also need tailored support grants, legal aid, and digital literacy programs to protect their rights and monetize their work effectively.
Ultimately, the fight against copyright infringement in Kenya’s music industry is a battle for equity and sustainability. The facts are undeniable: as of March 23, 2025, the creative sector loses over Sh100 billion annually to piracy, with music bearing a significant share of that burden. With KECOBO reporting only 12 convictions for copyright-related offenses in 2024, and MCSK distributing just Kshs. 500 million in royalties against a potential multi-billion-shilling industry, the gap between promise and reality is stark. Closing it demands not just legal reform but a cultural shift one where creativity is valued, protected, and rewarded. The numbers don’t lie: Kenya’s musical talent deserves better, and the time to act is now.
The writer is a legal scrivener
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Aoma Keziah 
