In Kenya’s growing creative and digital economy, intellectual property is no longer a side issue. It is a
commercial asset. Music catalogues, film scripts, software code, photography portfolios, brand content,
training materials and digital products now sit at the centre of business value. Yet many creators and
companies still operate without formal records of ownership. That gap becomes costly when disputes
arise, when investors conduct due diligence, or when commercial licensing opportunities emerge.
Copyright registration is not mandatory in Kenya, but in practice it is becoming a key tool for proving
ownership, unlocking financing, and structuring commercial deals.
Kenyan copyright law protects the expression of original works and not ideas themselves. This long-
standing principle, known globally as the “idea–expression dichotomy” is reflected in Kenya’s Copyright
Act,2001 and remains central to enforcement practice by the Courts.
Under the Copyright Act, 2001, protected works include: literary works, musical works, artistic works,
audio-visual works, sound recordings, performances and broadcasts.
To qualify for protection, a work must be:
(i) Original (time spent and a spark of creativity);
(ii) independently created (not copied); and
(iii) fixed in material form (must not remain in the mind).
Copyright arises automatically upon creation. By default, the author owns the copyright in their creation.
However, where a work is created under employment or commission, ownership may vest in the
employer or commissioning party unless contracts provide otherwise. This distinction is especially
important for media houses, creative agencies, software companies, training providers and content-
creators.
In Kenya, registration of copyright is voluntary. The Copyright Act establishes the Kenya Copyright Board
(KECOBO) and its National Rights Registry (NRR), which maintains a digital database of registered
authors and works and issues registration certificates. The NRR is fully online ( https://nrr.copyright.go.ke )
allowing digital submission, digital certification and searchable ownership records indicating Kenya’s push
toward digital IP administration. Applicants create an individual or corporate account, upload the work,
submit ownership details and receive a digital certificate within approximately seven (7) days. The current
official fees are KES 100 for individuals and KES 1,000 for corporates.
Registration is important for various reasons including:
(i) creating a public record of ownership which helps avoid disputes and strengthens the
copyright owner’s legal position if infringement arises;
(ii) providing documentary proof of rights which can be relied upon in Court proceedings, tribunal
claims, takedown requests and commercial negotiations;
(iii) supporting commercialisation as distributors, publishers, platforms and licensees often
require evidence of registered rights before entering licensing arrangements;
(iv) enabling business and financing opportunities as registered intellectual property can be
identified as a corporate asset during due diligence, valuation exercises, fundraising and
even lending discussions; and
(v) simplifying internal IP management particularly for growing companies that need clear
records of who owns what creative or digital assets.
In case of any enquiries, please contact Felicia Solomon Tunje at felicia@mmsadvocates.co.ke; or Mary
Matano at mary.matano@mmsadvocates.co.ke; or send an email to info@mmsadvocates.co.ke.