The High Court has dismissed a legal case filed by the Music Copyright Society of Kenya (MCSK) against the State Law Office and Kenya Revenue Authority, citing internal governance disputes and questions over legitimate authority to represent the organization.
Justice R.E. Aburili of the Milimani High Court ruled on Monday that the case, filed under a certificate of urgency on May 20, 2025, lacked proper authorization due to ongoing leadership conflicts within MCSK.
The court established that Dr. Ezekiel Mutua, who had instructed advocate Felix Okiri to file the case in his capacity as CEO, had actually been terminated from his position on April 3, 2025, nearly two months before the legal proceedings were initiated.
“As at 20/5/2025 when the proceedings herein were instituted and Dr. Ezekiel Mutua was swearing the verifying affidavit, he was not the CEO of the company and therefore he had no authority to instruct an advocate to institute suit on behalf of the company,” stated the ruling.
The court noted that advocate Felix Okiri confirmed there was no Board of Directors resolution authorizing the legal action, as he had been instructed directly by Dr. Mutua rather than through proper corporate governance channels.
Dr. Mutua’s termination letter, dated April 3, 2025, was signed by Dr. Lazarus Muli on behalf of MCSK’s Board of Directors and members.
The court clarified that while it would not determine whether the termination was procedurally correct, no Employment and Labour Relations Court order had stayed the termination or reinstated Dr. Mutua.
The case was further complicated by an existing court order from December 8, 2024, which had suspended implementation of resolutions by a caretaker interim board and restrained certain parties from assuming directorship or conducting business on behalf of MCSK.
Justice Aburili emphasized that court orders must be obeyed until formally set aside, adding another layer of complexity to the organization’s leadership disputes.
The court accepted a notice of withdrawal filed by Okubasu & Munene Advocates on May 22, 2025, recognizing them as the properly authorized legal representatives of MCSK.
The judge struck out a subsequent attempt by Felix Okiri to change advocates, filed on May 26, describing it as lacking “legitimate authority.”