High Court suspends Matiang'i order on shutting down television broadcast

Interior CS Fred Matiang' and embattled CAK Director General Francis Wangusi. [Photo by Tabitha Otwori/Standard]

Kenyans got a relief from the Government-imposed blackout on independent television broadcast after the High Court suspended the order.

Justice Chacha Mwita directed Interior CS Fred Matiang’i, his ICT counterpart, Joe Mucheru, and the Communication Authority of Kenya (CA) to immediately restore the signals for the media outlets until a case filed by activist Okiya Omtatah is heard and determined.

Justice Mwita also stopped Matiang’i, CA, or any other government authority from interfering with all television transmissions by the Standard Group, Royal Media Services, and Nation Media Group.

“I am satisfied that the petition raises serious legal and constitutional issues that require immediate intervention by the court. I therefore issue orders for the respondents to immediately restore all television transmissions pending determination of the case,” ruled Mwita.

The Government on Tuesday shut down major television stations to stop live broadcast of the 'swearing-in of leader of the National Super Alliance (NASA), Raila Odinga, as the 'people's president' at Uhuru Park.

Ministerial order

On Wednesday, the Interior CS issued a ministerial order to indefinitely shut down the stations, saying the Government was conducting investigations to determine if the media houses had committed any offence by broadcasting Raila’s ceremony.

In his petition, Omtatah argued that the Government's decision was unconstitutional, illega, and could only be made if the country was in a state of emergency.

“If there was a state emergency, the Government knows what it should do but not shutting down the media. Their pleas that they made the decision to address an emergency are unfounded in law, invalid, null and void,” said Omtatah.

According to the activist, the switch-off was undertaken through illegal and unconstitutional means that denied the public its right to information and interfered with media freedom.

Omtatah asked the court to stop Dr Matiang’i from acting outside the law, arguing that switching of the three major TV stations signalled a return to dictatorship.

He accused the Government of using the excuse of preserving peace to violate people’s rights to information.

“The shutdown of TV transmissions was grossly arbitrary, disproportionate, oppressive, and unreasonable. There are no provisions in any law to support it,” said Omtatah.