Former MP Joshua Kutuny Faces Possible 6-Month Detention for Alleged Contempt of Court

An application has been made to the High Court to punish Kenya Copyright Board (Kecobo) executive director Edward Sigei and board chairman Joshua Kutuny for allegedly disobeying a court order.

Justus Ngemu, the petitioner, alleges that Sigei and Kutuny have disregarded the directive that forbade the Board from authorizing licenses for Collective Management Organizations (CMOSs). On October 31, 2023, Judge Hedwig Ong'undi issued a ruling that barred the Board from granting any licenses unless it was duly constituted. Additionally, she issued a permanent injunction restraining the Board from renewing a certificate for a collective management society without a legally constituted board.

However, Ngemu contends that Sigei and Kutuny granted licenses to the Performers Rights Society of Kenya, Music Copyright Society of Kenya, and Kenya Association of Music Producers on November 8, 2023, even though there was no properly constituted board at the time. These licenses are set to expire on December 31, 2023, which, according to Ngemu, contradicts Ong'undi's directives. As a result, Ngemu has been ordered to serve a six-month sentence in the Industrial Area G.K Prison in Nairobi. In light of this development, Justice Chacha Mwita has instructed Ngemu to serve his application to the defendants involved in the case.

According to the court, November 21 was the deadline for a response to be filed. Unfortunately, this deadline came with no accompanying response, and the case was taken to court on that same day. As a result, the two individuals are asked to come back in March, with a warning that if they ignore the court order, there would be consequences. A new deadline of 14 days has been provided for them to answer. Kutuny was in October appointed as Chair by President William Ruto and will hold the position for a three-year term.