The Law Society of Kenya (LSK) has moved to court seeking to have Interior Cabinet Secretary Fred Matiang’i and his ICT counterpart Joe Mucheru found to be unfit to hold public office for breaching the Constitution by shutting down four TV stations ahead of NASA leader Raila Odinga’s mock swearing in ceremony on January 30.
In a petition filed by Muiru. Mungai and Co. Advocates at the Constitutional and Judicial Review Division in Nairobi, LSK, through a supporting affidavit by its CEO Mercy Wambua, contends that the two CSs as well as the Director General of the Communications Authority or the person who was holding brief during the period violated various constitutional provisions and hence need to be punished.
She avers that the Respondents’ action was powers they do not have, and their actions not guided by any law, they are in violation of Article 34(3) of the Constitution that states that broadcasting media are only subject to licensing procedures and Article 10 of the Constitution which provides for the national values and principles and includes the rule of law.
“THAT the Petitioner further believes that the Respondents jointly and/or severally abused their power and authority and acted in a partisan, subjective and dictatorial manner in contravention of the tenets of Articles 1(1), 2(1), 3(1), 10, 73 and 75(1)(c) of the Constitution,” the affidavit adds in part.
According to the LSK CEO, by their contumacious actions, the Respondents wilfully and recklessly violated the oath and/or solemn affirmation of due execution of office for a cabinet secretary or state or public officer that each of the Respondents individually took to obey, respect and uphold the Constitution of Kenya and all other laws of the Republic and, therefore, are liable to be adjudged unfit to hold public/state office.
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LSK notes that the affected stations – NTV, Citizen TV, Inooro TV and KTN News – enjoy the largest viewership in Kenya and that the shutdown violated section 46A of the Kenya Information and Communications Act, which deals with the promotion and facilitation of development, in keeping with the public interest, of a diverse range of broadcasting services in Kenya and the promotion of diversity and plurality of views.
The affected stations were also not accorded the right to the process provided under the Fair Administrative Action Act.
LSK has also enjoined the Attorney General while Royal Media Services, Nation Media Group and Standard Group are listed as interested parties.
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