Companies

Royal Media loses bid to bar CCK in transmitters row

wangusi

Communications Commission of Kenya director general Francis Wangusi at a past media event. FILE

Royal Media Services (RMS) has lost a bid to stop Communications Commission of Kenya (CCK) from shutting down some of its transmitters.

High Court judge Lydia Achode Thursday dismissed a case filed in February by the media house seeking to stop the CCK from interfering with the transmitters on grounds that the regulator had acted within the law.

Lady Justice Achode said by seeking a warrant to search and seize the equipment, which was granted on January 20 by magistrate’s court, the commission acted in accordance with the law, and that the warrant could have only been executed through seizure of the offending equipment.

“Having carefully considered all the raised issues herein, I find the application lacks merit and I hereby dismiss the same,” she ruled.

The regulator had earlier obtained orders from the chief magistrate’s court on January 30 to shut down the transmitters serving Citizen television viewers in Embu, Taita Taveta, Muranga and Migori as well as radio listeners in Nakuru, Narok, Mukuyuni (Makueni) and Mabrui (Malindi).

The company rushed to court and obtained the orders on February 3, a day before CCK director general Francis Wangusi said top managers of the media group would be charged in court for using frequencies illegally.

In the dismissed case, the media company had applied for permanent orders to quash the decision to prosecute its officials and return of all seized equipment.

Royal Media argued that the magistrate was in contempt of court by issuing orders to shut down the transmitters when orders by High Court restraining the same was already in force.

However, the judge said the orders in two cases that firm was referring to did not apply to the case, adding that one of the cases had been dismissed in January. Further, the judge said the magistrate issued the orders as a judicial officer was immune from contempt of court proceedings.

“The submission by the applicant that the magistrate acted in contempt of High Court orders is in my view a misappropriation of contempt proceedings,” said Lady Justice Achode.

The CCK had earlier in December written to Royal Media asking it to dismantle all the transmitters deemed illegal within 30 days after which it would take an action.

(Read: Six Royal Media transmitters shut down)

“From the above it is clear that the commission acted in line with the procedure as enumerated by the law,” said the judge. “On the contrary, there is no indication of any action that the applicant might have following receipt of the notice.”

The court said the company failed to establish the right of freedom from discrimination under article 27 of the Constitution had been violated. She further said despite the Constitution recognising the independence and freedom of the media, this is subject to regulations, which include abiding by the licensing procedures.

The regulator said that some of the transmitters were located in non-designated broadcasting sites and interfered with critical communication such as aviation. 

According to the Kenya Communication Amendment Act 2009, using telecoms equipment that has not been approved by CCK attracts a penalty of Sh5 million or three years in jail on conviction.

The commission had argued that the transmitters were also interfering with other broadcasters in East Africa and avionic communication, threatening Kenya’s airspace safety.

It further said the transmitters had on some occasions interfered with communication between pilots and airport control towers. 

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