ROYAL MEDIA SERVICES LTD V. ATTORNEY GENERAL,MINISTER OF INFORMATION & COMMUNICATION & COMMUNICATION COMMISSION OF KENYA

JUDGMENT OF THE COURT

Introduction

[1] This is an appeal by Royal Media Services Limited (the appellant) from the judgment and decree of the High Court at Nairobi (Majanja J.) in Petition No. 346 of 2012 in which the learned Judge dismissed the appellant’s petition dated 13th August, 2012. This appeal brings to the fore the nature and extent of Article 34 of the Constitution which guarantees the freedom of the media.

Background

[2] A brief statement of the facts and background will put the appeal in perspective. The appellant is a private limited liability company incorporated under the Companies Act. At all material times, it was carrying on broadcasting business using broadcasting licences issued to it by the 2nd respondent and frequencies allocated both by it and its predecessor, Kenya Posts and Telecommunications Corporation.

[3] The Attorney General (the 1st respondent) was sued on behalf of the State of Kenya and the Ministry of Information and Broadcasting. The Minister of Informati…