Why CCK could face contempt proceedings

By Evelyn Kwamboka

A company has been allowed to file contempt proceedings against the State media regulator’s boss for disobeying court orders.

It wants Communications Commission of Kenya (CCK) Director-General Charles Njoroge and other directors cited for contempt over broadcasting regulations.

Wezn Radio Group Limited claimed CCK had disobeyed court orders issued on August 27 last year by publishing new regulations.

It wants him and other CCK directors committed to civil jail for six months.

The company had obtained orders stopping CCK from migrating radio and television frequencies to a new legal regime.

The group had, through its advocate Peter Simani, told the court last year the commission was bent to migrate "only preferred and politically connected broadcasters," which would be against public interest.

Wezn expressed fears if CCK proceeded, available frequencies could be taken up before it is accorded an opportunity to enter the market.

It argued that according to the new rules, television and radio broadcasters require to apply for new broadcasting licences.

In the ruling, Lady Justice Ruth Sitati said: "Section 46 of the Kenya Communications Act places a burden on CCK, requiring the Act be obeyed and that CCK must adhere to the due process of the law in considering application for licences."

High Court judge Justice Jean Gacheche fixed a hearing date for March 22 in the presence of both parties.