Kenyan band Them Mushrooms’ leader, John Katana, has obtained the nod to establish a trade union for 200 musicians after winning a court case against the Registrar of Trade Unions.
The umbrella body, Kenya Musicians Union, will be exclusively composed of artistic creators, mostly freelancers attached to producers and labels for specific projects.
This will distinguish it from the Kenya Union of Entertainment and Music Industry Employees, which has a wider membership, including deejays, comedians, bouncers, chefs and waiters.
The existing union had objected to the registration of the John Katana-led group.
In a judgment delivered by Employment and Labour Relations Court Justice James Rika on Tuesday last week, the court found that Mr Katana, alongside three other appellants, had a right to participate in the forming of a trade union under section four of the Labour Relations Act.
“The appellants have satisfied the court that they are a specific industry player, with an identifiable community of interests, not shared by any other trade union. They merit to have a trade union of their own, to safeguard their rights, and advance their employment and artistic interests,” stated Justice Rika.
“They need a trade union of their own to collectively bargain on their behalf, and register a CBA, a labour instrument they have not had in their music careers. There is no impediment in law or fact, to deny them registration.”
The judge further ordered the registrar of trade unions to issue the team with a certificate of registration and enter the union’s name in the appropriate register within seven days.
The court outcome was a result of an appeal by Mr Katana and three others after the registrar declined their registration application following objections raised by the entertainment employees’ body, which had argued that it sufficiently represents a substantial proportion of the musicians’ interests.
The registration was denied on October 25, 2021.
On July 18, 2022, Mr Katana and his team filed a memorandum of appeal arguing that the registrar erred in declining the registration.
The appellants then wrote to the registrar on November 4, 2022, to issue notification of a memorandum of understanding inked with the entertainment employees’ body that spelt out that the latter was no longer objecting to the registration.
The registrar, however, declined to issue a positive response, prompting Mr Katana and his group to take the matter to court.
If registered, the umbrella body is expected to champion the welfare of local music industry players who have for long years decried alleged exploitation by Collective Management Organisations (CMOs) such as the Music Copyright Society of Kenya (MCSK).
