The Communications Authority of Kenya has been restrained by the Court from interfering with television programmes that allegedly pose a threat of state censorship of media under the guise of content regulation.
According to Justice Lawrence Mugambi, the Broadcast Code prescribed by the Communication Authority is unconstitutional hence null and void.
The Judge also clarified that regulation of the content is a duty of the Media Council of Kenya and not the communication Authority.
The Judge said that there is potential censorship of media through parallel regulation by CA and MCK.
It was the Judge’s considered opinion that there should be a separate mandate of the two institutions to secure freedom of the media.
“In the instant case, it is obviously the (MCK) under the Media Council Act which the Act states was enacted to give effect to Article 34 (5) of the Constitution,” said the judge.
The Judge suspended the order nullifying the Code for six months to allow the MCK sufficient time to develop age-appropriate standards to protect children and other vulnerable persons from inappropriate media content.
