The Law Society of Kenya has started a fresh battle to have Interior Cabinet Secretary Fred Matiang’i fired over the shutdown of three television stations in January.
In the new case filed at the Milimani High Court, the LSK also wants ICT Cabinet Secretary Joe Mucheru and Communications Authority of Kenya boss Francis Wangusi declared unfit to continue holding public office, for violating the constitutional provision on access to information.
"The three officials abused their power and authority and are individually liable for violating the Constitution which they swore to uphold and protect,” lawyer Daniel Musyoka stated.
LSK further blame Wangusi for failing to give any justifiable reasons before proceeding with the shutdown that lasted for at least seven days.
[caption caption="The Law Society of Kenya lawyers"]
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The LSK also accused the sued parties of violating national values and principles, violating the right to seek, receive and impart information, independence of media as well as fair administrative action.
According to Musyoka, there was no state of emergency to warrant the Government shutdown of the three TV stations given that the country was not at war.
He also argued that the media houses just did their part by informing the public of events that were taking place on January 30.
Therefore, LSK claimed that the actions of Wangusi and Dr Matiang’i were carried out in full knowledge and support of the ICT Cs hence they are all supposed to be held liable for interfering with the viewership of the stations with the largest viewership as per a 2017 poll report on television national market share.
LSK accused the three parties of unnecessarily punishing the TV stations for not being compliant yet they knew that the shutdown was unlawful.
[caption caption="Interior Cabinet Secretary Fred Matiang'i"]
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The lawyer's body wants the move declared unlawful and that CAK’s boss, as well as the two cabinet secretaries, should be held accountable as individual state officers for violating the oath of office.
