15/12/2024
Musicians Cry Foul Over Court Orders Blocking Leadership Change at MCSK
Efforts to reform the leadership of the Music Copyright Society of Kenya (MCSK) continue to encounter relentless legal obstructions attributed to influential forces intent on maintaining control of the organization, raising questions about the role of the judiciary in delaying justice.
After holding an Extraordinary General Meeting in August to elect new leaders, the newly chosen board members were swiftly blocked from assuming office by a court order reportedly obtained through ousted CEO Ezekiel Mutua’s legal representatives.
Determined to push for change, musicians pooled their resources to fund legal representation, only to face repeated delays in court.
A preliminary objection raised by the Business Registration Service, which should have been addressed early, was dragged out for months as the presiding judge insisted on mediation despite previous failed attempts.
When the judge eventually ruled that the court lacked jurisdiction, the case was transferred to the Commercial Division, further prolonging the struggle.
As the legal battle unfolded, troubling allegations surfaced, with claims of collusion between Mutua’s legal team and court officials to manipulate case filings.
Applications filed by the new board mysteriously disappeared from the e-filing system, forcing them to lodge complaints with the deputy registrar and even the Chief Justice.
Despite these efforts, the board’s attempts to take office continued to face resistance, as fresh court orders reinstated the former leadership, raising more doubts about the fairness of the process.
"Hi Nyakundi. It is deeply troubling to see the Judiciary playing such a significant role in frustrating justice for MCSK members. As you may recall, members held an Extraordinary General Meeting (EGM) on August 6th to elect new leaders. However, Mr. Mutua, through the law firm Okubasu & Munene Advocates, obtained court orders that barred the newly elected board from assuming office.
Determined to fight for their rights, musicians personally contributed funds to cover legal fees for a case that dragged on for over three months. The case was ultimately dismissed on a preliminary objection raised by the Business Registration Service (BRS). Normally, such objections are addressed at the outset, but instead, the judge delayed proceedings for months and insisted on Alternative Dispute Resolution (ADR), even though previous attempts at negotiation had failed three times. It was impractical and unnecessary for the board to negotiate with an employee (Mr. Mutua).
After three months, the judge ruled that he lacked jurisdiction and transferred the case to the High Court’s Commercial Division. The board’s legal team advised that the initial court orders had expired, and the judge should not have issued further orders transferring the case.
With no active orders preventing the board from assuming office, the team, acting as MCSK, filed a notice of change of advocates and sought to withdraw the case. Shockingly, they later discovered that their application had mysteriously disappeared from the e-filing system. This was allegedly orchestrated through collusion between the law firm Okubasu & Munene and individuals managing the system at Milimani High Court. Mr. Mutua, desperate to retain his position, went as far as filing an application while posing as one of the directors to withdraw what the board had already filed.
The team, led by the chairlady, rushed to Milimani Courts to address the issue. They raised their complaints with the deputy registrar, who ensured that the applications were restored in the system. A formal complaint letter (attached) was submitted to the High Court, with a copy sent to the Chief Justice. To date, no explanation has been provided regarding the disappearance of the application.
On November 25, 2024, the team assumed their roles as directors after the suit was successfully withdrawn (see attached notice by Lady Justice Njoki Mwangi).
Unfortunately, credible sources revealed that a judge was bribed with approximately Ksh. 3 million to resurrect the same case. New MCSK's advocate was struck out of record without notice and notices filed before removed. Similar orders were then issued, once again barring the new board from assuming office (see attached orders). Okubasu, the lawyer allegedly involved, is infamous within judicial circles for securing orders by bribing judges. He initially approached Justice Alfred Mabeya, but when they failed to agree on a bribe amount, he moved to another judge. This practice has allowed him to manipulate the judiciary, even forcing the Kenya Copyright Board into submission. MCSK now collects royalties without a license, relying solely on court orders.
This relentless legal battle is all about preserving the lucrative benefits enjoyed by Mr. Mutua and his allies. Mr. Mutua earns a monthly salary of approximately Ksh. 1 million, supplemented by a weekly PR allowance of Ksh. 400,000. The former chairperson receives a monthly salary of Ksh. 150,000, along with a fuel allowance of Ksh. 100,000 and Ksh. 50,000 for a chauffeur. Other directors and committee chairs also enjoy similarly high allowances.
For 12 months, a small group of musicians has tirelessly worked to bring change to MCSK. Yet, just when progress seems within reach, they are met with further resistance. It has become clear that the High Court’s Commercial Division is colluding with the very individuals the musicians are seeking to remove. It is worth noting that the former board has clung to power for 11 years, far exceeding the stipulated three-year term, They have been restored as a board by a court order, while the records at BRS still read the new board.
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