Multichoice (Kenya) Ltd v. Wananchi Group (Kenya) Limited, Communications Commission of Kenya & Kenya Broadcasting Corporation

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P), MAKHANDIA, KIAGE, GATEMBU and SICHALE, JJ.A)

CIVIL APPEAL NO. 368 OF 2014

BETWEEN

MULTICHOICE (KENYA) LTD...........................................................APPELLANT

AND

WANANCHI GROUP (KENYA) LIMITED ............................1^ST RESPONDENT

THE COMMUNICATIONS COMMISSION OF KENYA.....2^ND RESPONDENT

KENYA BROADCASTING CORPORATION.........................3^RD RESPONDENT

(Being an appeal from the Ruling and Order of the High Court at Nairobi (Constitutional and Human Rights Division) (Mumbi Ngugi, J.) delivered on 17^th September, 2014 in Petition No. 98 of 2012)

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JUDGMENT OF OUKO, (P)

A decision was taken by the President of the Court to constitute a bench of five judges to hear this appeal after the Court (Waki, Nambuye and Koome, JJ.A) found the necessity of doing so on the basis of a letter dated 24^th October, 2016 from the firm of Sisule Munyi Kilonzo and Associates, representing the 2^nd respondent. In the letter, it was contende…