Malindi High Court ruled on 14th July, 2017, that musicians have a choice to be paid their ‘Skiza Royalties’ according to their choice on how and whom to pay them.
Justice Chitembwe pursuant to an Application filed by Safaricom on the request of KAMP & PRISK clarified his Orders in Petition No.5 of 2016. He stated as follows;
1. That artists shall have the right to receive their royalties through channels of their choice. Artists who wish to be paid through the Collective Management Organizations (CMOs) shall have the right to do so and Safaricom shall be under obligation to honor their wishes.
2. Those who wish to be paid through other channels likewise can do so.
This ruling comes as a clarification since Safaricom had construed the previous Orders to mean that all Skiza royalties are to be paid through the Content Service Providers (CSPs) also known as Premium Rate Service Providers (PRSPs).
The kind of concerted effort done by PRISK (Performers Rights Society Of Kenya), KAMP (Kenya Association Of Music Producers) and MPAKE ( Music Publishers Association of Kenya) in Safaricom seeking clarification from the courts is a welcome move that needs to be commended.