Kenyan artists continue to suffer as court battles delay disbursement of funds

The ongoing court battles between Collective Management Organisations (CMOs) and the Kenya Copyright Board is to blame for the delayed distribution of funds to artists.

Principal Secretary for Culture, Arts, and Heritage Ummi Bashir on Friday said the wars have denied many artists access to enough money despite having heavily invested in the creative industry.

While appearing before the National Assembly Committee on Sports and Culture, Ms Bashir said that, coupled with underfunding from the National Treasury, the two scenarios have hampered KECOBO’s efforts to ensure that young creatives earn a decent income.

“KECOBO collected over Sh103,723,307 through the Blank Tape Levy as of February 28, 2025. This money remains undistributed due to a pending court case,” said Ms Bashir.

While calling for increased funding for KECOBO to enhance its support for the creative sector, the PS told the Webuye West MP Dan Wanyama-led committee that the board has not received development funds from the National Treasury, with its budget limited to recurrent expenditure.

The committee had convened to explore ways of streamlining the creative industry to improve earnings for young artists.

"During the budget process, KECOBO requested funds to implement a comprehensive ICT system for monitoring, licensing, collecting, and distributing royalties to artists, but the money was not disbursed," Ms Bashir explained.

She urged the Committee to advocate for the reinstatement of Sh25 million, which was cut from KECOBO’s budget in the first supplementary budget for the 2024/2025 financial year.

"I further request an additional Sh43 million to address a rent shortfall of Sh17.4 million, internet services costing Sh320,160, contractual obligations amounting to Sh6.8 million, copyright enforcement at Sh13.3 million, and Board of Directors' allowances of Sh5.2 million," she stated.

The PS further highlighted the success of the National Rights Registry system, which has registered 60,000 works from 10,000 rights holders.

"The system allows creatives to register their works from the comfort of their homes or offices using computers, smartphones, or laptops," she said, noting that previously, artists had to travel to KECOBO offices in Nairobi for registration.

She encouraged artists to take advantage of the new system to secure their copyright.

Ms Bashir underscored KECOBO’s efforts in capacity building, reporting that the Board has trained 5,000 creatives and 1,000 law enforcement officers in counties such as Nyeri, Isiolo, Embu, Machakos, Kakamega, Kisumu, Kericho, Kisii, and Mombasa.

"The Board has conducted training on copyright, monetization, financial management, copyright registration, enforcement, and national values," she explained.

She said KECOBO has initiated the process of amending the Copyright Act to align with technological advancements and industry needs.

"The Board has drafted the Copyright Amendment Bill, 2025, which will soon be submitted by the Ministry to the Attorney General and Treasury for counter-signing before proceeding to the Cabinet," she stated.

The Committee’s chairman, Wanyama, assured KECOBO of the Committee’s support, expressing concern over the low earnings of artists.

"The Committee is ready to support any initiative aimed at ensuring that artists who are toiling to create their products earn more money," he said.

Suba South MP Caroli Omondi supported the introduction of new technology to improve the collection and distribution of royalties.

He emphasized that the proposed legislation should address the numerous court cases affecting players in the creative industry.