Kenya: The Supreme Court has been asked to interpret the media laws and regulation policies in a manner that would not return Kenya to the dark days when the State had ultimate power to muzzle the media.
In a landmark hearing involving media firms, Senior Counsel Paul Muite kicked off his submissions before a Supreme Court judges led by Chief Justice Willy Mutunga.
He said media freedom is at stake if the Government would be left to decide who gets licences in readiness for digital migration.
Muite said: "If the licensing procedures will be free from Government control, then the body mandated to issue the licences should be independent." He asked the court to interpret the media law in a way that would promote fundamental human rights.
"Don't return the country to the days of 'if you rattle a snake'," said Muite.
The digital migration deadline is set for September 30 when the whole country is expected to have moved.
Three media houses, Nation Media Group, Standard Group and Royal Media Services contend that, they had a legitimate expectation to get a third licence to share as they carry on with their broadcasting services.
Muite said the ICT policy and a task force report on digital migration showed that the Government had an original intention to issue a digital licence with respect to the heavy investment they had incurred over several years.
He said former Communications PS Bitange Ndemo acknowledged that before the digital platform, there were television broadcasters on analogue and they deserved a licence.
State Counsel Mwangi Njoroge rebutted Muite's submission: "Not all expectations are legitimate."
Mwangi said the digital spectrum is a scarce resource that the Government had to utilise effectively.
He said if the Supremme Court allowed NTV, KTN and Citizen TV to get a licence through court directions, then the power of the Communications Authority of Kenya (CAK) would be infringed upon.
The CAK is composed of members from the academia, Cabinet secretaries and officials appointed by the Information CS.
Lawyer Geoffrey Imende, for the Pan African Network Group (PANG) and Star Times television, submitted that the Court of Appeal erred by annulling their licences when there was no party in the case that had made such pleading.
He said PANG would lose its investment without its licence.
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Lawyer Protas Saende for Signet firm, also sued in the matter, said: "You cannot disengage Government from licensing procedures."
The newly enacted Kenya Information and Communication Amendment law, court was told, allows more State control and interference with free Press than the former law.
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