Kenya High Court Lifts Stay in Copyright Dispute

The High Court in Kenya, specifically Justice T. W. W. Ogwuya, on November 9, 2026, lifted orders that had temporarily halted the Copyright Tribunal from hearing copyright disputes involving musicians Moses Otieno Ojwang (Fathermoh) and Harry Otieno Adoyo (Harry Craze) against their former record label, Black Market Records LLC.

This ruling carries significant legal weight for practitioners in intellectual property and entertainment law, as it reaffirms the Copyright Tribunal's primary jurisdiction in handling specialized copyright disputes and underscores the judiciary's expectation of full disclosure from litigants. By setting aside the stay orders and striking out Black Market Records' application to transfer the proceedings, the High Court has effectively cleared the path for the musicians' claims to be heard by the specialized tribunal. This decision reinforces the principle that parties should exhaust remedies in specialized forums where appropriate, and that attempts to circumvent these forums through judicial review without complete candour will not be tolerated.

The legal context of this case involves the interplay between the High Court's supervisory jurisdiction, exercised through judicial review, and the specialized jurisdiction of the Copyright Tribunal, established under Kenya's Copyright Act (Cap. 130). The High Court's decision to lift the stay was based on its finding that Black Market Records had failed to disclose important information when it initially sought the orders, including notices of appeal and the status of earlier commercial cases. The underlying dispute concerns copyright ownership and contractual agreements related to musical works, highlighting the importance of clear contractual terms in the music industry.

Key parties in this matter include the High Court of Kenya (Justice T. W. W. Ogwuya), the Copyright Tribunal, the musicians Moses Otieno Ojwang (Fathermoh) and Harry Otieno Adoyo (Harry Craze), and Black Market Records LLC and its representative, Cedric Singleton. The dispute stems from an agreement dated November 9, 2019, and involves specific musical works such as “Matopare”, “Luku Ni Pyam”, and “Diglo”.

Attorneys practicing in intellectual property, media, and entertainment law should take note of this High Court decision. It serves as a critical reminder of the Copyright Tribunal's role as the appropriate forum for resolving copyright disputes in Kenya and emphasizes the strict requirement for full and frank disclosure when seeking ex parte orders or judicial review from the High Court. Practitioners should advise clients to carefully consider the appropriate forum for their disputes and ensure complete transparency in all court filings. The outcome of the underlying copyright dispute before the Copyright Tribunal is not yet reported.