Royal Media suffers blow in licence row

The Communications Commission of Kenya can go ahead with its regulatory authority over the Royal Media Services.

The communications regulator acted within law while shutting down the transmitters of the company, Mr Justice David Majanja ruled on Monday.

The High Court judge also refused to extend orders that had earlier been granted in favour of Royal Media Services stopping the regulator from shutting down any more of its broadcasting transmitters.

He said CCK had adequately demonstrated that it acted within law since the regulator had obtained orders from the magistrate’s court before commencing the exercise.

“I hold that the lower court has power to issue orders pursuant to the provisions in law and the High Court cannot investigate such actions unless it is demonstrated why that is necessary,” said Judge Majanja.

Through lawyer Wambua Kilonzo, CCK argued that it discovered Royal Media Services allocated itself frequencies and continues to use them, an act that prompted the regulator to take action against the company.

The regulator thus applied to the magistrate’s court for the search warrants to seize the offending transmitters with a view to taking criminal action against the owners.

The orders were issued on January 30 and addressed to the police for execution. Mr Kilonzo told the court that the warrants were shown to those guarding the unauthorised transmitter stations.

“The seized equipment is returnable to the subordinate court which issued the warrants and the said equipment will become evidence in criminal action that will be taken against the owners,” the lawyer said.

Royal Media Services lawyer Kamau Kuria had asked the court to recall the file in the subordinate court where the confiscated items were supposed to be reported, saying the matter ought to be at the High Court where they had filed their application.

The matter will be heard before a different judge on February 14.