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Nation Media Group Limited v. Cradle - The Children's Foundation Suing Through Geoffrey Maganya

(2016) JELR 98580 (CA)

Court of Appeal  •  Civil Appeal 149 of 2013  •  22 Jan 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. Pursuant to leave granted on 7th September, 2011 the respondent instituted judicial review proceedings on behalf of persons with hearing disabilities seeking an order of mandamus compelling the appellant to comply with the provisions of section 39 of the Persons with Disabilities Act No. 14 of 2003 (the Act).

2. The application was premised on the grounds that on 1st January, 2010 the Minister of the then Gender, Children and Social Services operationalized the provisions of section 39 of the Act by Legal Notice No. 182 of 2009 which requires all television stations to provide a sign language inset or sub-titles in all newscasts, educational programmes and in all programmes covering events of national significance. Despite the foregoing and a request from the respondent to comply with same the appellant failed to do so without reasonable cause. As a result the appellant?s actions not only violated the right of persons with hearing disabilities to equality and fr…

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