BY SAM ALFAN.
The Government was justified to switch off live television coverage of the unlawful “inauguration” of Opposition Leader Raila Odinga as “The People’s President” in 2018, the High Court has ruled.
The massive public rally at Nairobi’s Uhuru Park, convened by Raila Odinga after losing the 2017 presidential election, had been outlawed as a security threat.
High Court Judge Anthony Mrima said the alleged installation of Raila as President through a public swearing-in ceremony was ” illegally, unlawful and unconstitutional.”
The Court noted that the Communications Authority of Kenya (CAK) had informed all media houses of the possible security risks in having live coverage of the Uhuru Park meeting. The request for the blackout was meant to maintain security, law and order, the Judge noted.
Justice Mrima threw out a petition lodged by the Law Society of Kenya (LSK),on behalf of Royal Media Services, Nation Media Group and Standard Group, claiming no reasons were given by the Government for the drastic action.
The three affected media houses had complained that the Government had interfered with their independence and liberties by violation of fundamental rights and freedoms under Article 47 of the Constitution.
But the Judge said the three aggrieved media houses, as responsible and law-abiding members of the media fraternity, had the obligation to respect, uphold and defend the Constitution.
The TV stations were expected to refrain from perpetuating an event that was meant to subvert and undermine the will of the people and threatened widespread civil unrest, the Judge said.
Justice Mrima pointed out that the TV stations owned by the three media houses, went out of their way to further activities that were specifically barred by the Constitution. The CAK acted within it’s statutory and constitutional mandate to ensure that the crusade by the media houses “was not permitted to flourish.”
“Having chosen not to obey the Constitution and the law, the TV stations willingly and intentionally exposed themselves to all legal perils, which included the shutdown of all broadcasts,” the court reasoned on the 20-page judgment.
The Judge recalled that former Internal Security Cabinet Secretary, Dr Fred Matiang’i, had explained that the shutdown was to facilitate full investigations into serious security breaches occasioned by the live broadcasts of the event.
The CAK Director in charge of licensing, Compliance and Standards, Christopher Kemei, had explained that all licences had been advised against live broadcasts of the meeting. Most stations had undertaken to comply, he said.
Justice Mrima recalled that the TV stations were allowed transmission in February 2018 following the court’s intervention.
However, he commended the government’s swift action to forestall “an illegality and unconstitutionality” by the Opposition Leader and his supporters.
