Court suspends media shutdown order

The High Court in Nairobi has suspended the government’s order to switch off Citizen TV, Inooro TV, KTN News and NTV pending the hearing and determination of the petition filed before court.

In his ruling, of the petition, Justice Chacha Mwita has further directed the government to restore all television stations that had been shut down.

The court has also issued a conservatory order barring the government from interfering with all television transmission before hearing of the case that is set for 14th February 2018.

The court has certified the matter as urgent, asked petitioner to file and serve the respondents and appear for inter-party hearing on 14 of February.

This comes just hours after Activist Okiya Omtatah filed a case at the High Court challenging the government’s decision to switch off the three major television stations.

In the petition, Omtatah argued that the shutdown is illegal and there is no provision in law to support the said shutdown.

Omtatah insisted that the government must be stopped from ignoring the rule of law which is a key national value and principle of governance.

Omtatah also sought an order for compensation of the media houses for loss incurred during the switch off saying
He further argued that the respondents’ action violates the right to freedom of expression by limiting freedom of expression.

“The respondent’s action violates the prohibition in article 34(2) which bars the state from exercising control over or interfering with any person engaged in broadcasting the production or circulation of any publication,” read the court document.

He further indicated that the public’s right to information under article 35 of the Constitution was directly affected since the switch off has curtailed the public right of access to information broadcast by the media houses.

The Communications Authority switched off the signals of the TV and various radio stations under the Royal Media Services at exactly ten minutes after 9 am on Tuesday, January 30 for broadcasting plans for the’swearing in’ of opposition leader Raila Odinga as the ‘People’s President’.

On Wednesday, January 31 , Interior Cabinet Secretary Fred Matiang’i however said that the three major broadcasting houses will remain shut until investigations into what he termed as “serious breach of security” are complete.

The media houses have been named as interested parties in the case whereas the Communications Authority of Kenya, Cabinet Secretaries for Interior and ICT as well as the Attorney General have been named as respondents.