Safaricom is back in courts seeking clarification on an injunction that barred it from remitting artistes’ Skiza Tunes royalties to Collective Management Organisations (CMOs). The telecommunications giants says the November 2016 orders issued by Justice Said Chitembwe only pertains to artistes Mercy King’oo and Nyiva Kingai who are the petitioners in the case between Safaricom and CMOs.
According to lawyer Billy Kongere, Safaricom argues that the orders affect artistes who are not parties in the petition and wish to be paid through the CMOs. Safaricom lawyer Mr Kongere, said despite Safaricom having followed the law, the ruling is not clear on whether to pay the artistes through CMOs or Premier Rate Service Provider (PRS).
The lawyer further adds that Safaricom has received complaints from artistes who desire to be paid their loyalties in absence of the CMOs.” In the November 2016 judgment, Justice Chitembwe also issued an order that declared the agreement between Safaricom and CMOs unlawful since it lacks public participation and infringes artists’ constitutional rights.