Nairobi. Kenya’s Supreme Court on Monday stopped the Communications Authority of Kenya from switching off the analogue frequencies of the Nation Media Group, Standard Group and Royal Media Services.
Supreme Court judges Willy Mutunga and Mohammed Ibrahim also directed that the application filed by the three media houses against the CA, the Ministry of Information and the Attorney-General be heard before a seven-judge bench.
They said that in view of the nature and terms of the orders sought in the application, they were apprehensive that any orders they may give could lead to inconsistency and even interference with the judgment the court had earlier issued on the same subject when it was a seven-judge bench. “In the circumstances, the right bench to hear this application would be the full bench of seven judges who heard the case in the first place,” they said.
The ruling was delivered after a preliminary objection was raised by the CA through lawyer Wambua Kilonzo, who said that they were opposed to the hearing of the case by the three media houses before a two-judge bench. CA’s preliminary objection was based on the ground that the application seeks final substantive orders that would determine the proceedings before court and cannot therefore be heard and determined by a two-judge bench as presently constituted.
Supreme Court judges Willy Mutunga and Mohammed Ibrahim also directed that the application filed by the three media houses against the CA, the Ministry of Information and the Attorney-General be heard before a seven-judge bench.
They said that in view of the nature and terms of the orders sought in the application, they were apprehensive that any orders they may give could lead to inconsistency and even interference with the judgment the court had earlier issued on the same subject when it was a seven-judge bench. “In the circumstances, the right bench to hear this application would be the full bench of seven judges who heard the case in the first place,” they said.
The ruling was delivered after a preliminary objection was raised by the CA through lawyer Wambua Kilonzo, who said that they were opposed to the hearing of the case by the three media houses before a two-judge bench. CA’s preliminary objection was based on the ground that the application seeks final substantive orders that would determine the proceedings before court and cannot therefore be heard and determined by a two-judge bench as presently constituted.
Nation Media Group
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