REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 59 OF 2013 BETWEEN ROYAL MEDIA SERVICES LTD .............................. PETITIONER AND THE HON ATTORNEY GENERAL ...................1ST RESPONDENT THE MINISTER OF INFORMATION AND BROADCASTING ...................................... 2ND RESPONDENT THE COMMUNICATION COMMISSION OF KENYA.................................3RD RESPONDENT 1. 2. RULING NO.2 On Sunday, 3 February 2013, I directed that the parties appear before me today, 4th February 2013 for further orders and or directions. The 3rd respondent, the Communications Commission of Kenya (“CCK”), has now filed a replying affidavit sworn by its Commission Secretary, Mr John Omo setting out the basis of its actions in shutting down the petitioner’s transmitters. rd According to the CCK, it had commenced regulatory action in respect of the other frequencies that were not subject to the proceedings in the High Court Petition No. 346 of 2012 Royal Media Services Limited v Attorney General and Others. In deference to the Court, it forbore taking any action until judgment was delivered in that case on 18th January 2012 and conservatory orders pending appeal were issued. PETITION NO. 59 OF 2013 RULING No. 2 03.02.2013 Page 1