Royal Media Services Limited & 2 others v Attorney General & 8 others (Civil Appeal 4 of 2014) [2014] KECA 877 (KLR) (28 March 2014) (Judgment) (with dissent - DK Musinga, JA)

Facts

Royal Media Services Limited and two others filed a petition against the Attorney General and eight others under Articles 2, 3, 10, 20, 22, 23, 33, 34, 40, 46, and 259 of the Kenya Constitution. They alleged that the process to issue digital signal distribution licenses was unfair, flawed, and lacked transparency.

Issues

1. whether the switch from analogue to digital broadcasting violated the petitioners' rights as broadcasters as guaranteed by Article 34(2) of the Constitution
2. whether the failure to issue licenses was discriminatory and violated the petitioners' fundamental rights as guaranteed under Article 34(3) of the Constitution
3. whether the failure to establish an independent licensing authority violated Article 34(3) of the Constitution
4. whether the decision to issue only four digital signal distribution licenses violated Article 34(3) of the Constitution

Reasoning

The court found that the appellants had legitimate expectations and that the process was unfair and lacked transparency.

Outcome

The appeal is allowed, and the findings relating to grounds 5 and 6 of the appeal are set aside.

Authorities cited