In a major ruling, the leadership dispute within the Music Copyright Society of Kenya (MCSK), the High Court has declared that Dr. Ezekiel Mutua is not the legitimate Chief Executive Officer (CEO) of the organization.
This verdict was delivered following a legal challenge that questioned the legality of Mutua’s appointment to the helm of the country’s primary collective management organization for musicians’ royalties.
The case was brought before the High Court by a group of concerned stakeholders in the creative industry, who argued that due process was not followed in the appointment of Mutua.
They contended that the recruitment process lacked transparency and violated the society’s constitution and relevant corporate governance principles.
The court concurred, stating that Mutua’s appointment did not follow the required legal and procedural standards.
Screengrab from NTV post confirming the story. Source/Facebook
Justice Lawrence Mugambi, presiding over the case, noted that while Mutua may have been involved in MCSK affairs and held himself out as CEO, there was no legally binding contract or board resolution affirming his appointment through the proper channels.
As such, any actions or decisions made under his purported leadership are now subject to scrutiny and potential invalidation.
Ezekiel Mutua, who previously served as the CEO of the Kenya Film Classification Board (KFCB), had taken over MCSK’s leadership role amid much fanfare in 2021.
His tenure has, however, been marked by controversy, including ongoing questions about royalty distribution and management transparency.
Despite claiming to be reforming the sector, critics have accused him of wielding authority without a solid legal mandate.
The ruling has raised mixed reactions among Kenyan artists and creatives. Some have welcomed the court’s decision, seeing it as a necessary step toward restoring accountability within MCSK.
Others are concerned about the vacuum in leadership and the potential disruption in royalty disbursements.
The court’s decision now places MCSK at a critical juncture. The organization has been instructed to initiate a fresh, transparent recruitment process for the CEO position in compliance with its constitution and corporate governance best practices.
Until a lawful appointment is made, the board has been directed to ensure that interim leadership is established to maintain operational continuity.
This judgment marks a pivotal moment for Kenya’s creative industry, reinforcing the importance of lawful governance in bodies entrusted with managing artists’ rights and revenues.
The spotlight now turns to MCSK’s next steps and whether the ruling will pave the way for a more transparent and artist-centered future.
