Kenya Association of Music Producers (KAMP) v Music Copyright Society of Kenya (MCSK) & 2 others (Tribunal Case E002 of 2023) [2024] KECOT 1864 (KLR) (12 April 2024) (Ruling)
- Court
- KECOT
- Case number
- 1864
- Citation
- [2024] KECOT 1864 (KLR)
- Decided
- 12 April 2024
The Chairperson of the Copyright Tribunal was an employee of the 1st Respondent in 2012, but her employment relationship was converted to a consulting contract after which she was contracted as a Communications Consultant.
Facts
The applicant, Kenya Association of Music Producers (KAMP), raised an oral application for the recusal of the Chairperson of the Copyright Tribunal due to her past employment with the 1st Respondent, Music Copyright Society of Kenya (MCSK). The 2nd Respondent, Performers Rights Society of Kenya (PRISK), also had a similar concern, but later clarified that the Chairperson had only consulted for them.
Issues
- Recusal of the Chairperson of the Copyright Tribunal due to past employment with the 1st Respondent
Reasoning
The Tribunal considered the submissions and found that the Chairperson had only consulted for the 2nd Respondent and the applicant, and not for the 1st Respondent, during her career.
Outcome
The 1st Respondent's oral application for recusal was dismissed.
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