MultiChoice Kenya Limited (“MCK”) through Misc. Civil Application No. E567 of 2019 has successfully obtained a temporary order (the “Order”) to have Safaricom PLC and Jamii Telecommunication Limited take down and disable 141 sites alleged to be infringing on its copyright. The sites were airing content that is allegedly owned and is to be distributed by MCK. MCK approached the Court under Section 35D of the Copyright Act which prescribes that such take-down be done within 48 business hours after receipt of the order by an internet service provider, unless a counter notice is issued. Failure to act by the service provider would make it liable for any loss or damages resulting from non-compliance without a valid justification.

This order follows another order previously issued in 2019 and which was not acted on in time. The Order is a first of its kind to be issued under section 35D of the Copyright Act. We await in bated breath the Court’s decision after hearing this matter.

We shall keep you posted on any developments in this regard.

Please contact us at info@cfllegal.com should you require further information.