Members of Parliament are closely examining new proposed tariffs for the use of local music and audio-visual content in public spaces.
These regulations, set to apply from 2026 to 2028, would require various businesses to pay annual fees for playing copyrighted music. Small establishments such as matatus (public service vehicles), salons, and barbershops could face charges of up to 5,000 shillings per year, depending on their location and size. The National Assembly’s Committee on Delegated Legislation has raised several concerns about the fairness and practicality of these charges during recent review sessions.
The tariffs form part of a broader framework managed by the Kenya Copyright Board to ensure creators receive payment for their work when it is performed publicly. Under the proposals, public service vehicles would pay between 4,000 and 15,000 shillings annually based on seating capacity, while salons and retail outlets might contribute between 3,000 and 5,000 shillings. Larger venues like hotels, bars, and restaurants could be charged a percentage of their single business permit fees. The government argues that these payments support talented musicians and the creative industry by providing a steady source of royalties, rather than serving as direct government revenue.
During discussions, MPs expressed worries that the new fees might place an extra burden on ordinary citizens and small-scale operators already facing economic pressures. Some lawmakers questioned whether adequate public participation had taken place before the tariffs were drafted, especially following a previous court ruling that nullified similar charges. Concerns were also raised about enforcement mechanisms and the potential inclusion of unlikely settings, such as hospitals. Committee members have directed the Ministry of Youth Affairs, Creative Economy and Sports to review the proposals, provide clearer evidence of consultations, and make necessary adjustments to avoid legal challenges.
This development highlights the ongoing balance between protecting the rights of artists and ensuring that business costs remain manageable for everyday Kenyans. If approved in their current form, the tariffs could influence how music is used in transport, personal care services, and retail environments across the country. Many small business owners are watching the parliamentary process closely, hoping for a solution that fairly compensates creators without discouraging legitimate operations. As the review continues, further revisions may be introduced to address the issues raised by lawmakers.
The outcome of these discussions will shape how music royalties are collected and distributed in the coming years, potentially affecting both the vibrancy of Kenya’s creative sector and the daily operations of thousands of small enterprises.
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