Pubs and Restaurants move to Court to stop the new Music Levies

The Pub Owners have faulted the Association of Music Producers for gazetting the Collecting Society Tariffs.


Entertainment clubs, hotels, caterers, pubs and restaurants have moved to Court to stop the newly introduced fees on music.

The Kenya Association of Hotel and Caterers (KAHC) and the Pubs and Restaurants Association of Kenya have sued the Kenya Copyright Board, the Kenya Association of Music Producers, Performers Rights Society of Kenya, Music Copyright Society of Kenya and the Attorney General.

Through lawyer Charles Ongoto, the associations have faulted the Association of Music Producers for gazetting the Collecting Society Tariffs.

They have argued that the gazettement came without consultations with the hospitality industry stakeholders yet they are aggrieved by the said tariffs which are exorbitant.

“The sued parties’ actions are irregular and contrary to the applicant’s legitimate expectations, unless this court intervenes, the applicants stand to face the imposed fees,” said Mr Ongoto.

In the filed case documents, the applicants argued that implementing the new disputed levies would effectively discriminate against members of the petitioners on the basis that they are higher rated hence condemn the to pay more monies.

According to the petitioners, the sued parties failed to gazette the disputed new fees as agreed following negotiations and drafting of a policy position paper that proposed joint collection of license fees and levying of music license fees as a percentage of the single business permit fee.

They are faulting them of ignoring the police paper position which was later converted to a memorandum of understanding executed by all stakeholders.

They termed the move as irregular, unprocedural and unreasonable.

The gazette notice on the implementation of the disputed music fees was published on April 29.

They want this gazette notice to be qushed