The Supreme Court judges have terminated the broadcasting of any free to air content from Royal Media Services Limited, Nation Media Group and the Sta

-By Kurian Musa ([email protected])

Nairobi: The Supreme Court judges have terminated the broadcasting of any free to air content from Royal Media Services Limited, Nation Media Group and the Standard group without their consent.

Justice Smokin Wanjala and Jacton Ojwang Friday stopped Signet company, Star Times limited, Pan Africa Network Group (PANG) and Go TV from airing the intellectual rights property of the three mainstream local media firms without their permission.

On April 8, the Attorney General and communication commission of Kenya filed the appeal in Supreme Court following an appeal court decision to award NTV, KTN and RMS digital licenses and frequencies without subjecting them to a fresh tender.

“I certified the matter urgent,” Judge Wanjala said. “And the counsel for CCK was to undertake to advise the affected parties to cease broadcasting the said matter till case is determined,” he added.

CCK is prohibited from switching off any frequencies, broadcast spectrum or broadcasting services of the three media firms pending the determination of the intended appeal.

“We have noted the urgency of the matter and public importance in entertaining the substantive appeal,” Justice Wanjala said as he read the ruling.

The judges held that the order to reconstitute an independent media regulator free of political, government, commercial control will not be implemented till the court hears and determines the intended appeal by CCK.

Court of appeal had declared that the Communications commission of Kenya was not the intended independent body envisaged under article 34 (3) of the constitution, as a regulator of airwaves.

Meanwhile, the media consortium of the three media houses the Standard Group, Nation Media and Royal Media Group shall continue with their bid in procuring a third license as directed by the appeal court.

Even though, advertising for a fresh tender will not be done with regard to the award of the transmission Licenses.

But Pan Africa Network Group BSD license that was cancelled by the appeal court was reinstated temporarily.

Television viewers will continue to enjoy watching their lovely and interesting programs uninterrupted since the new switch off date ‘to a date not later than September 30, shall remain valid,’ pending the determination of the appeal.

Justice Wanjala said: “the main petitions and records of appeal and written submissions shall be filed within fourteen days and the media houses shall respond with written submissions within seven days.”

Lawyers Paul Muite, Philip Murgor , Kiragu Kimani and Issa Mansur are representing the media firms in the case while Wambua Kilonzo, Fred Ojiambo and State counsel Njoroge mwangi represent the government.

The net effect is that the Appeals Court's order to bar Panafrica Network group from a fresh tender has been put on hold.

It means that CCK will not refund the licensing fees paid by PANG for the grant of a BSD license.

The Court of Appeal had revoked the license issued to the Chinese company by the Communication Commission of Kenya which the court determined was not properly constituted when it issued the license to the Chinese company.

“They had a legitimate expectations to be awarded a third license the permanent Secretary of Information and Communication Bitange Ndemo having indicated so. They deserve licensing without going through a fresh tender,” the appeal court Judge Roselyne Nambuye and David Maraga said in their judgment that is now subject to appeal.

The hearing date of the digital migration case will be taken from the court on May 27, when a mention will be done to confirm compliance with the court orders issued Friday.