Nairobi — The controversial Government suspension of live media coverage has been challenged in court.

On Tuesday, the Media Institute moved to court after the deadline to the Government by the Editor's Guild to lift the suspension elapsed.

The institute and KTN's Editorial Head, Ms Farida Karoney, told the High Court the Government's order was an illegal censorship and should be quashed.

Representing the two in court, Nairobi advocate, Mr Pheroze Nowrojee, said two senior Government officials had no powers to issue the suspension order.

Former Internal Security minister, now at the Roads ministry, Mr John Michuki, issued a notice on suspension of live broadcast to all media houses through the Information PS, Dr Bitange Ndemo, on December 30.

The notice stated: "Pursuant to Section 88 of the Kenya Communications Act, 1998, I am directed by the Internal Security minister, Hon John Michuki, that in the interest of public safety and tranquility, that I order immediate suspension of all live broadcast until further notice."

Justice Nyamu certified the matter as urgent and ordered it be heard inter-partes on Friday morning.

He ordered that Attorney General's office, Internal Security and Information ministries be served with the suit papers before the end of yesterday's working hours.

Nowrojee had told Justice Nyamu that the section indicated in the notice does not contain the power that the minister and PS sought to exercise.

He said Michuki and the PS stepped outside their jurisdiction.

The advocate told the court that the suspension imposed on the media was unlawful since no temporary possession of "All Media Houses" or their apparatus or stations has been taken.

The court was told that the two acted ultra vires Section 88 of the Kenya Communication Act, 1998.

In the case, Karoney and the institute's executive officer, Mr David Makali, who are members of the Editor's Guild, are seeking orders quashing the minister's directive.

They also want the order lifted until the case is heard and determined.

A sworn affidavit by Makali, says: "There is no power in the section of law relied on to make the order that all media houses and journalists in general, stop any broadcast of inciting or alarming material and take responsibility for such broadcast in line with the law."

He says the notification is in contravention of Section 79 of the Constitution.

"The right of the applicants to receive information by way of live broadcasts has been denied," he says.