(NDIMA/IFEX) – On 20 August 2001, Royal Media Services (RMS) lost its bid to resume broadcasting after high court judge Alnashir Visram dismissed its application with costs. RMS sought the return of broadcasting equipment that was seized in April by the Communications Commission of Kenya (CCK). In his 98-page ruling, Justice Visram said RMS had […]
(NDIMA/IFEX) – On 20 August 2001, Royal Media Services (RMS) lost its bid to resume broadcasting after high court judge Alnashir Visram dismissed its application with costs. RMS sought the return of broadcasting equipment that was seized in April by the Communications Commission of Kenya (CCK).
In his 98-page ruling, Justice Visram said RMS had moved its broadcasting equipment from Limuru to Karen without the CCK’s authority, as required under the Kenyan Communications Act.
“I am satisfied that CCK exercised its powers reasonably, only after carrying out investigations which led them to believe that a crime was being committed,” said Justice Visram.
The high court judge ruled that the search warrants the court obtained from the CCK were executed according to law, and there was no evidence that the commission used excessive force while executing them.
He noted that the regulation of frequencies by the CCK is necessary in order to avoid interference and radiation, which is hazardous to people’s health. He said the officers who obtained the warrants did not mislead the magistrate’s court as RMS lawyer Gibson Kamau Kuria alleged and that there was no evidence the search warrants were unconstitutional or that the CCK had acted in contempt of court.
The judge said RMS and its proprietor, S. K Macharia, attempted to legalise unlawful acts through extra-judiciary means by providing the court with a false statement saying that CCK was notified that they were going to transfer the broadcasting equipment. He said even if such a notice existed, it would still not absolve the broadcasting company from complying with its statutory obligations under the Communications Act. The company would still have to wait for authorisation from the CCK before moving its equipment.
Kuria said the constitutional law decision was historic, and that the company would appeal it.
