Justice David Majanja issued orders restraining CCK from interfering with 18 transmitters through which RMS broadcasts to various parts of the country. File
The High Court has restrained the Communications Commission of Kenya (CCK) from interfering with 18 transmitters through which Royal Media Services broadcasts to various parts of the country.
Justice David Majanja said the status quo should be preserved but declined to give mandatory orders because CCK was not present in court.
“I have considered the arguments as material placed before the court and I think the petitioner is entitled to being heard before drastic action is taken against it by the respondent,” Judge Majanja ruled.
Explaining the rare orders on a Sunday judge Majanja said he had been in chambers writing decisions and was therefore available to hear the matter on short notice.
The orders were obtained after Senior Counsel Kamau Kuria informed the court that CCK on Sunday shut down 11 broadcasting sites in addition to the six that were shut down on Saturday.
The regulator had obtained court orders to shut the six sites serving Citizen television viewers in Embu, Taita Taveta, Muranga and Migori as well as radio listeners in Nakuru, Narok, Mukuyuni (Makueni) and Mabrui (Malindi).
Dr Kuria said the actions of the regulator were jeopardising Royal Media Services business and interfering with the rights of Kenyans to information especially in the run-up to the General Election.
“An order is hereby issued restraining the Communication Commission of Kenya, its servants, or agents from interfering in any manner whatsoever with the applicants private broadcasting site within the republic of Kenya,” said Justice Majanja.
This came as the CCK director general Francis Wangusi said S.K Macharia, the owner of Royal Media Services, would be charged in court on Monday morning for using frequencies illegally.
“We will be moving to court tomorrow (Monday) to charge him with operating on illegal frequencies,” said Mr Wangusi, adding that he had not been served with the orders restraining CCK from interfering with the transmitters.
Justice Majanja had allowed the handwritten orders to be served by email.
CCK said some of the transmitters were located in non-designated broadcasting sites thus interfering with critical services including aviation.
According to the Kenya Communication Amendment Act 2009, using a telecommunication equipment that has not been approved by CCK attracts a penalty of Sh3 million or three years in jail on conviction.
Mr Wangusi said the illegal transmitters were also interfering with other broadcasters in east Africa and avionic communication thus threatening the safety of Kenya’s airspace.
He added that the illegal transmitters had on a number of occasions interfered with communication between pilots and the control towers at main airports.
CCK is the only State organ charged with the responsibility of managing Kenya’s frequency spectrum. Central management of the frequency spectrum ensures orderly exploitation of the scarce resource.
Unauthorised use of spectrum flies in the face of regulatory requirements to provide an equal platform for all players.
It also denies the regulator of spectrum resources to address the policy objectives of plurality and diversity, and to cater for devolution requirements as envisaged in the Constitution.
