Communications Commission of Kenya & 5 others v Royal Media Services Ltd & 5 others (Petition 14, 14A, 14B & 14C of 2014 (Consolidated)) [2015] KESC 13 (KLR) (5 January 2015) (Ruling)
Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2015] eKLR
Neutral citation:
[2015] KESC 13 (KLR)
Republic of Kenya
Petition 14, 14A, 14B & 14C of 2014 (Consolidated)
WM Mutunga, CJ & P & MK Ibrahim, SCJ
January 5, 2015
Between
Communications Commission of Kenya
1st Appellant
The Hon Attorney General
2nd Appellant
The Ministry of Information Communications and Technology
3rd Appellant
Signet Kenya Limited
4th Appellant
Pan African Network Group Kenya Limited
5th Appellant
Startimes Media Limited
6th Appellant
and
Royal Media Services Limited
1st Respondent
Nation Media Services Limited
2nd Respondent
Standard Media Group Limited
3rd Respondent
Consumer Federation of Kenya (COFEK)
4th Respondent
GOTV Kenya Limited
5th Respondent
West Media Limited
6th Respondent
Ruling
1.After hearing all parties and their submissions on this application by Channel Forty Three Media Company Limited to be enjoined in this Petition as an interested party we rejected the application and now give our reasons:
2.The applicant was not a party to these proceedings in the Supreme Court and the matter in issue now is clearly one of compliance with this Court’s Judgment of September 29, 2014. The applicant has come too late in these proceedings. The application may also result in unnecessary delays of focusing on the core matter of seeking compliance with the orders of this court.
3.The reasons for this application are that the applicant continues to suffer as a result of these continued interlocutory orders to which the applicant was not a party. The application can set a dangerous precedent of raising other causes of action through such an application as this in the future.
4.There will be no orders as to costs of the application.
DATED AND DELIVERED AT NAIROBI THIS 5TH DAY OF JANUARY, 2015.W. M. MUTUNGA M.K. IBRAHIMCHIEF JUSTICE & PRESIDENT JUSTICE OF THE SUPREME COURTOF THE SUPREME COURTI certify that this is a true copy of the originalRegistrarSUPREME COURT OF KENYA