Communication Commission of Kenya (CCK)
By SAM ALFAN
The high court has declined a bid by the Communication Commission of Kenya (CCK) to strike out an application by Media Owners Association over issuance of licenses.
Justice Isaac Lenaola said he could not dismiss the application by MOA because it raises important issues that need to be determined by the court.
CCK had asked the judge to reject a petition filed by MOA and Magic Radio Limited arguing that the issues before court had been dealt with in another court.
But justice Lenaola directed the matter to go for full hearing saying it would be unfair and unjust to shut out parties from submitting on serious issues on grounds that they had been determined by another court.
MOA moved to court after CCK invited broadcasters to apply for licences under the newly formed Regulatory framework.
CCK gave broadcasters a deadline of November 15 2011 to confirm compliance.
MOA contention is that CCK is not the body envisaged under article 34 of section 5 of the constitution because it lacks independence.
The association says the body’s board of Directors as established under the Kenya Communication Act of 1998 lacks autonomy as it consists appointees of the President and the Minister in charge of communication.
The appointees include Principal Secretaries in the ministries responsible of communication, Finance, internal security as well as information and broadcasting.
MOA says the panel can not be fair and want the court to declare that its right under article 34 of the constitution have been infringed and threatened with violation.