The High Court has on Thursday ordered the government to restore NTV, Citizen TV and KTN News signals back on.
The court has suspended the switch off for 14 days pending determination of the case.
Justice Chacha Mwita directed the respondents, the Communications Authority of Kenya, Interior Security CS Fred Matiangi not to interfere with their transmissions till then.
“Prayers b and c in the motion are hereby granted. Pending the hearing and determination of this application inter-partes a conservatory order does issue directing the Respondents to forthwith, with immediate an effect, restore all television transmissions by Citizen, NTV and KTN in the pendency of this Application/Petition,” noted Justice Mwita.
Veteran activist Okiya Omtatah had submitted a petition at the Milimani Law Courts on Thursday morning seeking to have the government's directive overturned.
[caption caption="Activist Okiya Omtata"]
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Omtata's petition highlighted an argument that the government's directive was an utter violation of Article 33 and 34 of the Constitution, which guarantee media freedom and access to information.
The activist sought to convince the court to compensate the affected media houses for losses they have incurred during the two days they have been off-air.
In the argument, the petition is of the view that both consumers of the content as well as media houses had their rights repudiated following the implementation of the order by the Communication Authority of Kenya.
Omtata sued Interior and Coordination of National Government Cabinet Secretary (CS) Fred Matiang'i and Information Communication Technology (ICT) CS Joe Mucheru for the media shutdown of the three media houses.
He sued the two government officials alongside Attorney General Githu Muigai and Communication Authority (CA) over what he termed an 'unconstitutional act.'
Matiang'i on Wednesday issued an unsigned press statement published on its official statement justifying the ban on free to air transmission on television channels, and stating that the ban would last as long as the Government required to carry out investigations.
Speaking to Kenyans.co.ke , he noted that : "This statement signals the return of KANU dictatorship which people of Kenya rejected, the Government urges the following unconstitutional and totally unacceptable position that it is justified to violate the Constitution and to break the law to keep the peace."
[caption caption="File image of Interior Security CS Fred Matiang'i"]
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