3. Mr Omo depones that after the petition was heard and determined, CCK applied for warrants of search and seizure under the provisions of section 118 of the Criminal Procedure Code to seize illegal transmitters which were subject to notices issued on 30 th November 2012 and 3rd December 2012. On 30th January 2013, the Chief Magistrate Court did grant orders of search and seizure as follows; (a) Misc. No. 152 of 2013 – Migori, Enchoro Hill in Borabu and Narok Transmitter site. (b) Misc. No. 153 of 2013 – Menengai Hill in Nakuru , Nanyuki and Gatare in Murang’a Transmitters. (c) Misc. No. 154 of 2013 – Mukuyuni, Mwingi and Karue Hill in Embu Transmitter sites. (d) Misc. No. 155 of 2013 – Mambrui in Malindi and Vuria in Taita Transmitter sites. It is pursuant to these warrants of search and seizure that the CCK states that it proceeded to search the petitioner’s transmitter premises and seize equipment. Under the terms of the warrants issued by the court, the equipment seized is to be taken before the court. 4. By the time, the petitioner came to court yesterday, all this information was unknown to it and that is why I stated at paragraph 7 of my decision of 3rd February 2013 that I would like to give the other side an opportunity to the other side to hear its case before issuing a drastic order. I consequently declined to grant mandatory orders. 5. It is not in dispute that the exercise of disabling the petitioner’s transmitter stations has been completed as 17 of the petitioner’s transmitters having been shut down. The conservatory orders left PETITION NO. 59 OF 2013 RULING No. 2 03.02.2013 Page 2

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