CCK fights back in broadcast licence row

The communications agency on Wednesday challenged a High Court decision to block it from cancelling broadcasting licences. (Read: Bid to cancel broadcast licences halted)

On Monday, the court blocked the Communications Commission of Kenya (CCK) from cancelling broadcast licences, or repossessing any frequencies until a petition filed by media owners is determined.

The commission on Wednesday fought back arguing that the Media Owners Association, which filed the petition, lacked authority to do so.

The regulator also faulted Justice Issac Lenaola for issuing the injunction.

“The difficulty I have with the interim order is that the petitioner has no licence,” lawyer Wambua Kilonzo, for the commission, told the judge.

The lawyer said only individual media owners had licences, yet the judge issued an interim injunction stopping the commission from cancelling licences held by the association ‘which did not exist’.

“There is no basis upon which Your Lordship has issued those orders,” Mr Kilonzo added, as he asked the judge not to extend the interim injunction.

However, the judge extended the interim orders and directed the commission to file a reply.

Mr Kilonzo also contended that the association lacked authority to file the petition on behalf of individual media owners.

He asked the judge to order the association to file an additional affidavit to show whether there was a resolution that gave it authority to file the suit.

However, the judge insisted that those were substantive issues which the CCK should raise in its reply.

Mr Paul Muite, representing the media owners, told Mr Wambua: “We will do according to our client’s instructions.”

The regulator, the Information ministry and the Attorney General were given seven days to file their reply.

Wezn Radio was allowed to apply to join the case as an interested party. The parties will return to court on November 29 for directions.

Last week the regulator warned that broadcasters would lose their licences if they failed to apply for licences by November 15.

The media owners said the commission was planning to cancel their licences before talks were concluded on the creation of an independent regulator.