The Communications Authority of Kenya has challenged a High Court decision that nullified its 2016 broadcasting code, paving the way for a fresh legal confrontation with the Media Council of Kenya.
The court had earlier ruled that the code infringed on media freedom and overstepped the MCK’s regulatory mandate.
In an article published by Business Daily, High Court Judge Lawrence Mugambi struck down the broadcasting laws, stating that the government had violated the independence and freedom of the media by imposing directives on how and when content should be aired. Justice Mugambi further determined that the CA had encroached on the MCK’s jurisdiction, suspending his judgment for six months to give the MCK time to develop age-appropriate standards for protecting children and vulnerable groups from harmful media content.
Dissatisfied with the ruling, the CA, through its lawyer Wambua Kilonzo, filed an appeal claiming that the court failed to acknowledge the limits of media freedom.
“The learned judge of the High Court erred in law and in fact by usurping the role of Parliament being the legislative arm of government and erroneously proceeded to purport to legislate by transferring regulatory function of the appellant (CA), as legislated by Parliament, to the 3rd respondent (MCK),” Mr. Kilonzo said in the application.
The CA argues that the programming code is not a set of media standards but a licensing condition aimed at regulating the broadcasting industry.
It contends that inappropriate broadcast content should fall under its purview rather than being treated as an ethical issue for the MCK. The authority maintains that its programming code was designed to protect children from harmful or inappropriate content.
The decision to appeal underscores the longstanding tension between the CA and the MCK over the regulation of Kenya’s media landscape. At the heart of the dispute is the delicate balance between safeguarding media freedom and ensuring responsible broadcasting.
As the case progresses to the Court of Appeal, it sets the stage for further debate on the boundaries of regulatory authority and the preservation of media independence in Kenya.
