Kenya Medical Association opposes music licence directive for hospitals

The MCSK earlier this year listed hospitals among establishments required to secure a Unified Copyright Licence for playing music, including on televisions in waiting areas.

In a statement on 25 September, KMA said the provisions of the MCSK Regulations 2025 had already been declared unlawful by the High Court. The association cited a ruling delivered on 29 July by the Milimani Law Courts in Petition E076 of 2025, which prohibited the MCSK from levying medical facilities.

“Any attempt to reintroduce these charges is therefore not only unfair but also unlawful and in direct contravention of a valid court ruling,” the association said.

KMA further argued that hospitals should not be treated in the same category as entertainment venues such as clubs or hotels. It said music in health facilities was used incidentally to support patient recovery and not for commercial gain. The association also warned that additional licensing costs could divert resources away from patient care and undermine service delivery.

The doctors’ body described the directive as a form of double taxation, noting that hospitals already pay regulatory fees to the Kenya Medical Practitioners and Dentists Council (KMPDC) for licensing and compliance. It also criticised the lack of consultation with the health sector, saying this failed to consider the realities of essential service providers.

KMA urged MCSK to withdraw the regulations as they apply to medical facilities and to instead engage in discussions to develop a framework that protects artists’ rights while recognising the legal and operational context of hospitals.

The Kenya Copyright Board (KECOBO) in April directed licensed Collective Management Organisations (CMOs) – MCSK, the Kenya Association of Music Producers (KAMP), and the Performing and Audiovisual Rights Society of Kenya (PAVRISK) – to collaborate on a joint licensing framework for public music use. The 2025–2028 consolidated tariff under this framework is currently under review following disagreements among the CMOs.