(SomaliNet) The Kenyan High Court yesterday rejected a requirement by the Government that broadcasting houses seek State approval before airing some of their programmes.
The landmark verdict was delivered in a case filed six years ago in the Constitutional Court by Nation Media Group, challenging the directive issued by the minister for Information, Transport and Communication at the time.
The directive, contained in a Gazette Notice of June 6, 2001, had notified broadcasting networks and other media agencies to henceforth obtain a certificate of approval from the Film Licensing officer and the Kenya Film Censorship Board prior to airing certain programmes to the public.
But in their judgement delivered yesterday, judges Joseph Nyamu and Milton Makhandia declared that the order by the minister infringed upon NMG's right of freedom of expression and the related rights thereby declaring it null and void and of no legal effect in that it does not satisfy the principle of legality set out in the Constitution and it is not necessary or justifiable in a democratic society such as Kenya."
Nation Media Group, which locally owns leading television channel NTV and Easy FM radio station, challenged the Gazette notice, expressing alarm by the far-reaching effects of the notice. It filed the application on July 22, 2002.
