High Court Tells Ezekiel Mutua: You Can’t Act for MCSK After Termination

Court strikes out case filed by former CEO, citing lack of authority to represent music copyright society

The High Court has delivered a decisive blow to Dr. Ezekiel Mutua’s attempts to act on behalf of the Music Copyright Society of Kenya (MCSK), ruling that he has no legal standing to represent the organization following his termination as Chief Executive Officer.

Justice Roseylne Aburili struck out a case filed by Dr. Mutua against the Kenya Revenue Authority (KRA), stating categorically that the former film classification boss cannot transact any business on behalf of MCSK because he was lawfully dismissed from his position.

The ruling comes amid a bitter boardroom war that has engulfed MCSK, an organization that collects approximately Sh200 million annually in royalties for Kenyan musicians.

Dr. Mutua, who was earning Sh742,500 monthly with a year remaining on his contract, was fired by MCSK’s board on grounds of insubordination.

The board accused him of refusing to proceed on paid leave and supporting attempts by some officials to initiate unauthorized changes in the society’s directorship.

A public notice of his termination was published in the Daily Nation on May 9, 2025, though Dr. Mutua immediately dismissed it as containing “false claims.”

Justice Aburili noted that Dr. Mutua had not challenged his termination in the Labour and Employment Court, reinforcing that he is not the legitimate CEO of MCSK.

The court case arose after KRA froze a new Equity Bank account opened by Dr. Mutua, backed by one faction of MCSK’s board.

The freezing order came after a rival faction, led by director Lazarus Muli, complained to various authorities including KRA and the Director of Criminal Investigations about the account’s allegedly fraudulent opening.

Dr. Mutua had sought court intervention to unfreeze the account, arguing that KRA acted without proper notice, violating constitutional principles of fair administrative action.

He claimed MCSK had been faithfully servicing a tax payment plan for Sh18.7 million in arrears when the account was frozen.

The MCSK dispute has split into two camps: one led by Lazarus Muli, who spearheaded Dr. Mutua’s dismissal, and another led by Ephantus Wahome, who disputes the firing.

Both men claim to be the legitimate chairman of MCSK.

The Muli faction had already removed Dr. Mutua as a signatory to two existing MCSK bank accounts, prompting him and the Wahome faction to open the new Equity Bank account that subsequently attracted KRA’s attention.

The Muli faction’s position has been strengthened by two previous High Court rulings. Justice John Chigiti ruled on August 16, 2024, that the Wahome-led faction could not assume leadership of MCSK or transact business on its behalf.

Justice Njoki Mwangi issued a similar ruling on December 8, 2024.

In dismissing Dr. Mutua’s application, Justice Aburili emphasized the importance of respecting court orders, warning against their abuse.

She noted that the governance wrangles within MCSK had been properly documented and that Dr. Mutua’s legal representative had acknowledged the disputes over the organization’s directorship.

The ruling effectively ends Dr. Mutua’s attempts to act on behalf of MCSK while the boardroom battle continues.

The former CEO, who previously headed the Kenya Film Classification Board, now faces the reality that his corporate authority over the music copyright society has been definitively severed by the courts.

The decision leaves MCSK’s estimated Sh200 million annual royalty collection business in the hands of the Muli-led faction, at least until the broader governance disputes are resolved through proper legal channels.