By Meshack Masibo
Software is a valuable intellectual property asset, and protecting it under copyright law is crucial to prevent unauthorized use, reproduction, or distribution. In Kenya, software is recognized as a literary work under the Copyright Act, granting developers exclusive rights over their creations.
Understanding Software Copyright in Kenya
Software is protected internationally under the Berne Convention, TRIPs Agreement, and WIPO Copyright Treaty. Similarly, in Kenya, the Copyright Act recognizes software as a computer program, defined as a set of instructions that directs a computer’s operations.
To qualify for copyright protection, software must:
- Be original and demonstrate creative effort.
- Be fixed in a tangible form (e.g., written code or recorded data).
- Not be a mere idea but an executable program.
Copyright grants economic rights (such as reproduction, distribution, and adaptation) and moral rights (such as attribution and protection against distortion). The Kenya Copyright Board (KECOBO) facilitates copyright registration through the National Rights Registry (NRR) portal.
Steps to Copyright Software in Kenya
Step 1: Access the NRR Portal
The NRR portal is the official online platform for copyright registration:
- Visit nrr.copyright.go.ke
- Alternatively, go to www.copyright.go.ke and navigate to “E-Copyright Registration.”
Step 2: Create an NRR Account
Register an account based on your status:
- Individual Account – For solo developers.
- Corporate Account – For companies registering software.
Registration process:
- Click “Sign Up.”
- Select either an Individual or Corporate account.
- Enter your details and verify via phone number.
- Complete the registration process.
Step 3: Log into the NRR System
Once registered:
- Visit the NRR homepage.
- Click “Sign In” and enter your credentials.
- Access your dashboard to proceed with the application.
Step 4: Submit a Copyright Application
- Click “Make a New Application.”
- Enter details of the Primary Copyright Owner.
- Select Literary Works > Software.
- Provide the software title, description, and date of creation.
- Upload a PDF document containing software documentation.
Step 5: Confirm Ownership and Upload Supporting Documents
- List all authors and publishers (total ownership must equal 100%).
- Upload supporting documents, including:
- Source Code Documentation (recommended for proving originality).
- Legal agreements (if multiple authors or contributors are involved).
Step 6: Application Processing and Approval
- KECOBO reviews the application.
- If approved, a copyright certificate is issued via email.
- If rejected, KECOBO provides feedback, and the applicant can resubmit with corrections.
Required Software Documentation for Copyright Registration
To ensure a smooth registration process, prepare the following:
- Title Page – Software name, version number, and author(s).
- Abstract – Purpose, functionality, and technologies used.
- Introduction – Overview of key features.
- Detailed Documentation – Screenshots showcasing software operations.
- Source Code Excerpts (highly recommended but not mandatory).
The NRR portal also offers features such as copyright work search, amendments, dispute resolution, and similarity checks to enhance protection.
Benefits of Copyrighting Software in Kenya
1. Legal Protection: Establishes official ownership and prevents unauthorized use.
2. Enforcement Rights: Enables legal action against copyright infringement.
3. Commercial Value: Enhances credibility for licensing, partnerships, and software monetization.
Get Expert Legal Assistance
Navigating software copyright registration can be complex, but you don’t have to do it alone. If you’re a software developer, entrepreneur, or business owner, ensuring legal protection for your software is essential. As an experienced intellectual property lawyer, I can help you navigate the copyright registration process effectively.
Contact me at info@masibolaw.co.ke for expert guidance.
I can assist with:
- Copyright registration and documentation.
- Drafting software licensing agreements.
- Legal protection against copyright infringement.
Secure your software rights today!
MasiboLaw 
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