MPs Reject Proposed Increase in Music Licensing Fees for Political Campaigns

Members of Parliament have rejected a proposal to raise music licensing fees for political campaigns, arguing that the changes would place unfair financial burdens on candidates and limit citizens' participation in politics.

The Consolidated Music and Audio-Visual Works Tariffs, 2026-2028, aimed to standardize charges for using music at political events in the lead-up to the 2027 General Election. The tariffs were published on January 29, 2026, after approval by Youth Affairs, Creative Economy and Sports Cabinet Secretary Salim Mvurya via a gazette notice.

If approved, the new rates would have boosted earnings for musicians amid rising political activity. Under the proposal, presidential candidates would pay 500,000 shillings, up from 400,000 shillings in the previous 2023 framework. Gubernatorial candidates would pay 200,000 shillings, an increase of 50,000 shillings, while senatorial candidates would pay 150,000 shillings, up from 100,000 shillings.

Members of Parliament and women representatives would face doubled fees, reaching up to 100,000 shillings. Political parties would pay a flat annual fee of 600,000 shillings to use music at rallies, launches, and other campaign activities.

Additionally, concerts and roadshows would attract an extra 50,000 shillings per day per event, raising overall campaign costs. Invoices would need settlement within 30 days, except for daily events like roadshows, which required immediate payment. Late payments would incur a penalty of five percent per month, compounded for the unpaid period.

The National Assembly Committee on Delegated Legislation recommended annulling the tariffs. The committee determined that the provisions for political events imposed financial obligations that could restrict political participation, violating Article 38 of the Constitution, which protects citizens' political rights.

The committee highlighted that flat-rate tariffs for presidential, gubernatorial, senatorial, National Assembly, women representatives, and county assembly candidates created disproportionate and inequitable burdens not directly tied to actual copyright usage. They also expressed concerns about inadequate public participation in developing the regulations. Although an explanatory memorandum claimed public input, the committee found the engagement insufficient to meet constitutional standards under Articles 10 and 118, as well as section 5 of the Statutory Instruments Act.

The tariffs sought to establish a harmonized, transparent, and predictable structure for licensing music and audio-visual works in Kenya. Their goals included supporting royalty collection for rights holders while promoting fairness, proportionality, and easier compliance for users. They also aimed to simplify licensing processes, ensure fair compensation, reflect current economic conditions, and increase transparency.

The Kenya Copyright Board oversees copyright and related rights, including tariff approvals by Collective Management Organisations. These organisations cannot collect royalties without approved and gazetted tariffs. The board had collaborated with groups such as the Performing and Audio Visual Rights Society of Kenya in preparing the tariffs.

This development follows a High Court ruling in July of the previous year that nullified earlier tariffs (Legal Notice No. 84 of 2023) due to insufficient public participation. The court then required proper stakeholder engagement before any new tariffs. In response, the board conducted public consultations and developed the 2026-2028 version to address those concerns before submitting it to Parliament.

By adopting the committee's report, MPs blocked the higher fees, ensuring that music licensing costs for political campaigns remain at previous levels for now. This decision is expected to ease financial pressures on candidates and parties as Kenya prepares for the next general election.