High Court suspends CA decision to Close Down Six TV Stations For Covering Demos last Week
High Court suspends CA decision to censure six TV stations for covering opposition demos last Monday. Court notes that the case filed by Katiba Institute, Law Society of Kenya and journalist unions raises weighty issues.
The Ruling Read;
The Ex Parte Applicants have moved this court via a Chamber Summons dated 24.3.23 by way of a Certificate of Urgency under Article 47 of the Constitution, Sections 7, 8, 9, 11, and 14 of the Fair Administrative Actions Act, 2015; Section 8 and 9 of the Law Reform Act, Cap 26; Order 53 of the Civil Procedure Rules, 2010 inter alia.
The Application is supported by the Verifying Affidavit of Lempaa Suyianka and the Statutory Statement of even date.
Upon perusing the Application alongside the annexures therein, I find that the Application raises an urgent and arguable case.
It raises weighty issues that shall be heard and determined on merit at the appropriate stage should the court be appropriately moved.
In the exercise of my discretion under Order 53 of the Civil Procedure Rules, I do hereby issue the following directions:
1. Leave is hereby granted in terms of prayer 2 of the Chamber Summons dated 24.3.23.
2. The leave shall operate as a stay in terms of prayer 3 of the Chamber Summons dated 24.3.23.
3. The substantive Motion shall be filed and served within 14 days of today’s date.
4. The Respondents shall file and serve their respective responses within 14 days from the date of service of the Applicant’s Motion.
5. The Motion shall be disposed of by way of written submissions and to this end, the Applicants shall file and serve their submissions within 3 days of the date of service of the Respondents.
6. The Respondents shall file and serve their respective submissions within 3 days of the date of service of the applicant’s submissions.
7. The submissions shall be limited to ten pages.
8. The Motion shall be mentioned on 10.5.2023 for further directions.