CA notice on revocation of broadcast licences challenged in court
A non-government organisation has moved to court to challenge Communications Authority of Kenya’s intended revocation of broadcast licences of 128 broadcasters for failure to comply with the regulatory requirements.
The African Centre for Corrective and Preventive Action (ACCPA) says the shutdown of the radio and television stations is likely to affect the general public right to receive information that affects them and shapes their social, political and economic lives.
In the petition, the group says the notice by the CA is unconstitutional for being issued without due regard to the applicable constitutional principles that underlie the freedom of the media.
It also argues that the decision of the CA is likely to infringe Article 35 of the Constitution on the right to receive information and which includes information propagated through the mainstream media.
The petitioner’s advocate Karugu Mbugua wants the case certified urgent and the court issue a temporary order suspending implementation of the CA’s decision. The matter is waiting directions from the duty judge at the High Court in Milimani.
“We state that such closure and revocation of licenses defeats the tenets of freedom of speech and media, and it is imperative for the Communication Authority to exercise its mandates in a manner that does not curtail such essential rights and freedoms,” said the group’s chairman James Mwangi.
In the disputed notice, CA Director-General Mr Ezra Chiloba indicated that the revocation targets various categories of broadcasters and applicants under the current market structure, who failed to meet the requirements of the law.
The affected broadcasters and applicants were given 30 days to comply, failure to which the assigned FM frequencies will be repossessed and licence offers and pending applications summarily cancelled.
The affected broadcasters and applicants include four holders of broadcasting permits and 18 broadcasters assigned FM radio broadcast frequencies, who have failed to apply for broadcasting licences.
Twenty-four are applicants, assigned FM broadcasting frequencies, who upon application for commercial and community radio broadcasting service, failed to comply with the licensing requirements. In this category, among the affected are 14 dioceses of the Catholic Church.
Also in the list are 60 applicants for radio broadcasting licences, 19 applicants for Commercial Free-to-Air (FTA) Television broadcasting licences and three applicants for the Subscription Broadcasting Service licences.
Some of the notable radio stations in this category include Capital FM, owned by the late businessman Chris Kirubi.
Their applications had been processed up to the licence offer stage, but the applicants failed to comply with the conditions within the licence offer period.
Here is the full list of the radio stations hit by cancellation of licence offers:
1. Kesha
2. Winam
3. Radio Amani
4. Kalya Fm
5. Gulf Radio
6. Qwetu Radio
7. Vihiga Fm
8. Weather – Reports Realtime
9. Nyanam Initiative Cbo
10. Warsan Fm
11. Mbaitu Fm
12. Ruben
13. Hero Fm
14. Onagi
15. Kong’asis
16. Mwariama Fm
17. Kegocho
18. Mu Fm
19. Mmu Fm
20. Mmust Fm
21. Syokimau Fm
22. Radio Sahara
23. Egerton
24. Milambo Bajona
25. One Fm
26. The Just Liveth
27. Main Bridge
28. Radio Furaha
29. Kisima Fm
30. Ku 99.9 Fm
31. Emuria Fm
32. Risala Fm
33.Nrg Radio
34. Thiiri Fm
35. Midnimo Fm
36. Radio Lake Victoria
37. Wendo Fm
38. Equator Fm
39. KIMC
40. Radio Sunset
41. Capital Fm
42. Radio Umoja
43. Southwest Media
44. Wajir Radio
45. VBN Fm
46. Kakuma Fm
47. Western Nyota Busia Fm
48. Voice Of Victory Fm
49. Simba Fm
50. Abba Fm
51. Makutano Fm
52. Wasya Fm
53. Midzi Fm
54. Faith Fm
55. Ref Fm
56. Radio Lamu Fm
57. Taraji Fm
58. Trichem
59. RealTime
60. Coil
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