The High Court has lifted orders that had temporarily stopped the Copyright Tribunal from hearing copyright disputes involving Kenyan musicians Moses Otieno Ojwang, popularly known as Fathermoh, and Harry Otieno Adoyo, popularly known as Harry Craze, and their former record label, Black Market Records.
In a ruling delivered on November 9, 2026, Justice T. W. W. Ogwuya set aside orders issued on September 29, which had halted proceedings in two cases filed by the musicians before the Copyright Tribunal.
The judge also struck out an application by Black Market Records LLC and its representative, Cedric Singleton, seeking to have the tribunal proceedings transferred to the High Court and stopped on grounds that the tribunal lacked jurisdiction to handle the disputes.
The court found that Black Market Records had failed to disclose important information when it initially approached the High Court, including notices of appeal relating to the tribunal proceedings and the status of earlier commercial cases involving the parties.
The dispute stems from disagreements over musical works and an agreement dated November 9, 2019.
Fathermoh and Harry Craze had separately approached the Copyright Tribunal in 2026, filing claims against Black Market Records LLC and two other parties.
Harry Craze’s claim, filed on May 11, 2026, concerns the agreement and musical works including “Matopare”, “Luku Ni Pyam” and “Diglo”.
Black Market Records subsequently moved to the High Court, seeking to have the tribunal proceedings quashed and the tribunal prohibited from handling the musicians’ claims.
On September 29, the court initially granted the record label leave to pursue judicial review and directed that the permission operate as a stay, effectively freezing the two tribunal cases.
Fathermoh and Harry Craze challenged those orders, arguing that Black Market Records had obtained them without making full disclosure to the court.
Among the issues raised was the existence of notices of appeal lodged on September 11 against decisions made in the Copyright Tribunal proceedings.
The musicians also argued that the record label had failed to disclose the status of related commercial cases that had either been withdrawn or struck out.
They further questioned whether Black Market Records LLC had demonstrated that it was a legally recognised entity with the capacity to institute the proceedings.
Their application cited California corporate records indicating that an entity registered in 1999 had been suspended and argued that no valid transfer of the disputed contractual rights to another active entity had been demonstrated.
Black Market Records disputed these allegations.
Through an affidavit sworn by its manager, Kim Bush, the company maintained that it remained operational and in good standing, arguing that it had moved its primary operations to Florida in 2015.
It also maintained that the High Court had dealt with the wider copyright dispute before the Copyright Tribunal, making it the appropriate forum to determine the matter.
However, Justice Ogwuya found that the record label had failed to meet the obligation of full and honest disclosure required when seeking orders without first hearing the other parties.
The judge noted that the September 29 orders had been obtained without disclosing the notices of appeal, providing an accurate account of the sequence of proceedings before the High Court and the tribunal, or explaining the status of the earlier commercial suits.
The court held that these omissions were material and that, had the information been disclosed, it would not have granted the orders.
The judge also found that Black Market Records had not obtained an exemption under Section 9(4) of the Fair Administrative Action Act, which allows the High Court to exempt a party from first exhausting available administrative or tribunal remedies.
Under this legal framework, parties are generally expected to use established dispute-resolution mechanisms before approaching the High Court for judicial review, unless an exemption is granted.
The judge further noted that the Copyright Tribunal has a statutory mandate under Section 48 of the Copyright Act to handle copyright-related disputes, including matters concerning ownership and royalties.
The application was also found to have procedural shortcomings, including the failure by Cedric Singleton to file a required verifying affidavit and the failure to demonstrate that the company had the legal capacity to institute the proceedings.
Consequently, the court declared the application incurably defective and ordered it struck out.
The September 29 orders were vacated in their entirety, allowing the Copyright Tribunal to resume hearing and determining the two claims in accordance with the law.
Black Market Records LLC and Cedric Singleton were also ordered to jointly and severally pay the costs of the applications to Fathermoh and Harry Craze.
The ruling does not, however, determine the ultimate ownership of the disputed musical works or settle the musicians’ claims against the record label. Those matters remain before the Copyright Tribunal, which has now been directed to proceed with the cases.
