High court confirms Ezekiel Mutua’s April dismissal by MCSK board

The High Court has thrown out a case filed by the Music Copyright Society of Kenya (MCSK) against the State Law Office and the Kenya Revenue Authority.

The court ruled that the dispute stemmed from internal leadership wrangles and uncertainties over who holds legitimate authority to act on behalf of the organization.

Justice R.E. Aburili of the Milimani High Court on Monday dismissed a case filed under a certificate of urgency on May 20, 2025, citing lack of proper authorization due to internal leadership struggles at the Music Copyright Society of Kenya (MCSK).

The court found that Dr. Ezekiel Mutua, who had directed lawyer Felix Okiri to file the suit in his capacity as MCSK CEO, had already been relieved of his duties on April 3, 2025—nearly two months before the case was filed.

"By the time these proceedings were initiated on 20/5/2025, and Dr. Mutua swore the verifying affidavit, he was no longer the organization’s CEO and therefore lacked the legal authority to instruct counsel to act on the company's behalf," read part of the ruling.

The judge further noted that Okiri admitted there was no formal resolution from the Board of Directors authorizing the case, as he had received instructions directly from Dr. Mutua rather than through official governance processes.

Dr. Mutua’s dismissal was confirmed in a letter dated April 3, 2025, signed by Dr. Lazarus Muli on behalf of the Board and MCSK members.

The court made it clear that it would not delve into whether Dr. Mutua’s dismissal was carried out procedurally, noting that there was no order from the Employment and Labour Relations Court halting the termination or reinstating him to his former role.

Adding to the complexity, the court referenced an earlier order issued on December 8, 2024, which had barred the enforcement of decisions made by a caretaker interim board.

That same order also restricted specific individuals from taking up directorship roles or transacting any business on behalf of MCSK.

Justice Aburili underscored the importance of respecting court orders, stressing that they remain binding until officially overturned, which further complicated the ongoing leadership conflicts within the organization.

The court acknowledged a notice of withdrawal submitted by Okubasu & Munene Advocates on May 22, 2025, confirming them as the duly authorized legal representatives of MCSK.

Meanwhile, a later application by Felix Okiri on May 26 to change legal counsel was dismissed by the judge, who ruled that the attempt lacked “legitimate authority.”