Public participation is not only a constitutional right in Kenya but also a crucial step in ensuring that new regulations – such as the proposed Consolidated Music and Audiovisual Tariffs (2025–2028) are fair, transparent, and inclusive.
Legal and Constitutional Obligation
Article 10 of the Constitution of Kenya, 2010 enshrines public participation as a national value and principle of governance. This means that before policies or regulations are implemented, affected stakeholders from business owners to artists must be given an opportunity to provide input. The Copyright Act, 2001, and the Copyright (Collective Management) Regulations, 2020, also mandate consultation before tariff approval.
Balancing Interests between Creators and Businesses
The tariffs set the rates that businesses such as hotels, restaurants, supermarkets, broadcasters, and event organizers will pay for the legal use of music and audiovisual works.
• For example, a restaurant in Nairobi’s CBD playing background music must ensure it pays fair licensing fees that compensate artists while remaining affordable for the business.
• Similarly, a radio station in Kisumu benefits from clear, predictable tariffs to budget for content licensing without fear of unexpected increases.
Public participation allows both creators and users of copyrighted works to negotiate a balance ensuring that royalty rates protect the livelihoods of artists without placing undue financial strain on enterprises.
Enhancing Transparency and Trust
By inviting written submissions and holding an open Public Forum on 27th August 2025, PAVRISK and KAMP demonstrate commitment to transparent and accountable tariff setting. Stakeholders can question, challenge, or suggest changes to the rates and structure, helping avoid disputes after implementation.
Preventing Industry Disruption
If tariffs are set without adequate stakeholder input, it could result in resistance, legal challenges, or non-compliance leading to loss of revenue for artists and uncertainty for businesses.
For example:
When licensing changes were introduced in the events sector without broad consultation in previous years, several event organizers delayed payments or avoided licensing altogether, and citing lack of clarity. Public participation helps avoid such scenarios by aligning expectations early.
Strengthening the Creative Economy
Kenya’s music and film industries are worth billions of shillings annually and support thousands of livelihoods from musicians and actors to sound engineers, video producers, and venue owners.
A well-consulted tariff framework ensures that royalties collected are fair, enforceable, and sustainable, thereby contributing to a vibrant creative economy.
In Summary:
Public participation on the proposed tariffs is not a formality – it is a vital process to:
• Uphold constitutional rights
• Ensure fairness for both creators and businesses
• Build transparency and trust in licensing
• Prevent industry disputes and non-compliance
• Strengthen Kenya’s creative economy
We encourage all stakeholders, business owners, artists, broadcasters, and the public to submit their comments and attend the public forum.
Date: 27th August 2025
Venue: KECOBO Auditorium, SHA Building, Upper Hill, Nairobi
Submit Comments: tariff2025-2028@pavrisk.or.ke