Music Copyright Society of Kenya v Music Publishers Association of Kenya Limited & another [2019] eKLR.

Copyright Infringement Detail

Copyright Infringement

Music Copyright Society of Kenya v Music Publishers Association of Kenya Limited & another [2019] eKLR.

Parties: Music Copyright Society of Kenya v Music Publishers Association of Kenya Limited & another [2019] eKLR.
Court: In the High Court of Kenya at Nairobi Commercial & Admiralty Division
Bench: Judge F. Tuiyott
Tags: Costs to suits
Date: 2026-01-30

Facts

The Music Copyright Society of Kenya (MCSK) withdrew a lawsuit against the Music Publishers Association of Kenya (1st Defendant) and the Kenya Copyright Board (2nd Defendant). Only the 1st Defendant insisted on costs after the withdrawal. The Court considered written submissions from both parties on the issue of costs.

Issue

Whether the costs should be awarded to the 1st Defendant after the withdrawal of the lawsuit of the MCSK?

Rule

The general rule is that costs follow the event - the party that wins the case typically receives costs. However, the Court has discretion in awarding costs, considering various factors such as public interest, the conduct of the parties, and the circumstances of the case. The Court may depart from the general rule if there are good reasons to do so.

Jasbir Singh Rai & Others v Tarlochan Sing Rai - Costs are meant to compensate the successful party for the expenses incurred in the lawsuit, not to penalise the losing party

Analysis

The Court referencing the Jasbir Singh Rai & Others v Tarlochan Sing Rai, emphasized that costs are meant to compensate the successful party for the expenses incurred in the lawsuit and not to penalize the losing party. The Court also noted that in public interest litigation, the aim is to advance a legitimate public interest and contribute to understanding the law, costs may not be imposed on the losing party.

The Court considered whether the matter at hand qualifies as genuine public interest litigation. It noted that the lawsuit involved issues related to copyright Collective Management Organisations (CMOs) and licensing, which are of interest to a large group of authors, composers, arrangers and publishers. The 1st Defendant counterclaim seeking orders related to the Music Copyright Society of Kenya further indicated the public interest element of the litigation.

Conclusion

The Court found that the matter qulaified as public interest litigation, given the significance to a large group of individuals in the music industry. The Court decided that there would be no order on costs for withdrawn proceedings, in line with the general rule on public interest litigation and considering the circumstances of the case.

Ruling available here.

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