So, what happened to the Royal Media Services case against the
Communications Commission of Kenya, which announced that it would shut
down transmitters set up by the media group?
Immediately after the announcement was made, RMS
went on the defense, claiming that CCK's actions were politically
motivated. "We know this is an attempt by some government officials to
gag the media ahead of the elections," said Anyang' Nyong'o. This,
members of the CORD Alliance said, was because of the proprietor S. K. Macharia's affiliation to the Raila Odinga-fronted coalition.The CCK had shut down six radio stations and Citizen TV services in some parts of the country, including Nakuru, Narok, Mukuyuni in Makueni, Mambrui and Malindi. The CCK countered RMS' claims saying the media house was using unauthorised or ‘grabbed’ frequencies.
Addressing a weekly briefing on media monitoring, CCK Chairman Bitange Ndemo dared RMS to go court if they felt the move to shut down the frequencies was unfair. In one of the swiftest judgments ever handed down by a Kenyan court, RMS was able to block CCK's actions.
“We are not politicians. We are civil servants. CCK is just exercising its mandate,” Dr. Ndemo reiterated when suggestions that he was working for political forces. Here's a list of all the reasons CCK took actions against RMS.
To further explain how RMS transmitters were illegally put up, the Kenya Civil Aviation Authority director of safety and security, Joe Mutungi, said airline operators had complained about interference in their communication caused by the illegal frequencies.
The CCK Secretary Mr. John Omo challenged suggestions that the case should be revisited after the elections, "Freedom of the media cannot be used to do illegal things. This is impunity in name of freedom of media and should not be allowed to put lives of pilot and passengers in jeopardy. The law is the law, you cannot say we should postpone operation of the law because of elections."
In a statement, CCK said the six transmitters were part of 17 put up illegally by Royal Media Services in the recent past without a licence from CCK, and therefore in contravention of the law. They confirmed that the matter had been in court since May, 2012 and the high court only ruled on it--in CCK's favour--on 18th January.
Mr. Francis Wangusi who is the Director-General of Communications Commission of Kenya (CCK) said they confiscated transmitters in Nanyuki, Narok, Migori, Nakuru, Mwingi and other areas were being operated by RMS using self-assigned frequencies. The transmitters are located in Karue Hill, Vuria Hill, Muranga-Gatare, Enchoro Hill, Mukuyuni and Mambrui in Malindi.
High Court judge, David Majanja gave the CCK the greenlight to act against Royal Media saying the communications regulator followed the law when it shut down six transmitters owned by the company.
Two days later, the DPP, Keriako Tobiko replied to Mr. Wangusi saying, “In the meantime, I direct that no investigative agency should take any precipitate step to charge RMS and Mr. Macharia or any of its employees until I have received and reviewed the requested material and directed otherwise.”
This, the DDP, said was guided by Article 157 of the Constitution which gives him the obligation to ensure that any exercise of the State powers of prosecution by him does not include an abuse of the legal process.
Late last week, CCK wrote to the DPP asking for criminal charges to be pressed against the directors of RMS for operating unlicensed frequencies. Mr. Wangusi has tabled the evidence, which was acquired with the help of the CID, before Mr. Tobiko for the court process to begin.
"We want them charged with acquiring and using frequencies without licences, using non-approved equipment and interfering with frequencies of other operators,” Mr Wangusi told The Nation.
He also issued a warning, should they decicde to be lenient to the media house, “If we don’t act on such irregularities with immediacy, we will only start to regret after air accidents occur,” he said. This came only days after RMS had tried blocking the initial court order.
There have been reports that there are over 100 radio stations in the country but the CCK insists that only 85 are licensed. The CCK also recognizes 20 television stations.