By KURIAN MUSA

Kenya: The High Court has set Tuesday next week as the date for the hearing of the case challenging the new controversial media law.

Petition number 30 of 2014 filed by the Kenya Editors Guild (KEG), Kenya Correspondents Association and the Kenya Union of Journalists has been consolidated with the petition 31 of 2014 filed by Standard Group, Nation Media Group and Royal Media Services.

 Before Justice Mumbi Ngugi, lawyer Paul Muite for the three media houses told the court that his clients were concerned with the freedom of the press as enshrined under article 34 of the laws of Kenya.

 “This petition is not very different from the one on digital migration that is pending in the Court of Appeal. We want to say this is to say my clients have no commercial interests with a free press,” Muite said.

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 While Muite, Philip Murgor and Issa Mansur represent the three media houses, James Orengo and Anyango Opiyo represent KUJ, KCA and KEG in the case that challenges a range of sections in the Kenya information and Communications (Amendments) Act (KICA) 2013 as well as the Media Council Act 2013.

 Muite said, by the Cabinet Secretary making inroads to set up a Tribunal under the KICA law, as well as constitute the Media Council through powers provided by the current Media Council Act, the media will be muzzled.

Announced vacancies

  “We will be seeking to quash the court Gazette notice no. 186 published in the Kenya Gazette, which announced vacancies in the media council,” Muite said.

 Justice Ngugi said: “I have read the applications and the invitation by the Cabinet Secretary, I want to propose that the two matters be heard jointly and therefore I consolidate the two applications.”

The Media Council of Kenya later filed a petition in the Judicial Review Division of the High Court against the Cabinet Secretary Fred Matiang’i.

Dr Matiang’i, the Cabinet Secretary for Information, Communication and Technology declared vacancies in the positions of chairperson and members of the Media Council of Kenya and invited applications from suitably qualified persons.

 The Cabinet Secretary acted in exercise of the powers conferred by section 7 (2) of the Media Council of Kenya Act and Gazetted the Notice no. 186 of 2014.