Kenya Copyright Board (Kecobo) executive director Edward Sigei and board chairman Joshua Kutuny could be heading to Industrial area remand for a period of six months if an application to have them punished for allegedly disobeying a court order succeeds.
The two according to one Justus Ngemu (petitioner) have allegedly defied court orders that prohibited the Board from issuing licenses to Collective Management Organizations (CMOSs).
Justice Hedwig Ong’undi had on October 31, 2023, delivered a judgement in which she prohibited Kenya Copyrights Board from issuing any licenses unless it is properly constituted.
She further issued a permanent order prohibiting the Board from issuing a certificate of renewal of a collective management society to any interested party without a legally constituted board.
But Ngemu in an application before the High Court says the board Chairs Edward Sigei and Joshua Kutuny in the absence of a properly constituted board of directors, issued a press release on November 8 2023 issuing licenses to Performers Rights Society of Kenya, Music Copyright Society of Kenya and Kenya association of music producers (Interested parties). The licenses are to run until December 31, 2023.
This he says was contrary to orders issued by Ong’undi.
“The issuance of the license despite the prohibitive orders by this court amounts to willful and intentional disobedience of this court's orders. Their actions are ridicule to the court's proceedings,” he says.
“This court should find that the board has been found to be in breach of the law severally but operates as it pleases because there are never any consequences,” he adds.
Ngemu wants the two cited for contempt and detained at Industrial Area G.K Prison in Nairobi for a period of six months.
When the matter was filed, Justice Chacha Mwita directed Ngemu to serve his application to the respondents in the case. He also directed a response be filed before November 21 when directions were to be issued.
But when the matter appeared in court on November 21, no response had been filed.
Justice Mwita directed the case to be mentioned on March 11 and warned that the judgment would catch up with the two if they are found to have disobeyed the court directive.
They were given 14 days to file their responses.
Kutuny was recently appointed as Chair by President William Ruto. He will hold the position for a period of three years having assumed the position in October this year.
