THE High Court has allowed the Communications Commission of Kenya to take part in proceedings where media owner SK Macharia wants to stop his prosecution over accusations of illegal installation of frequencies.
Judge Lydia Achode allowed the application for joinder saying so far no one has been charged at the lower courts. She directed that the case be heard on March 14.
In the case, CCK through lawyer Wambua Kilonzo had argued that any findings that are to be made by the court will directly affect them and impact on their ability to effectively discharge its statutory mandate.
"We are seized of facts and material that will be of assistance to the court in making its determination. RMS (Royal Media Services) will not suffer any prejudice if the commission is enjoined as an interested party," he said.
He added that it is only fair and just that they be enjoined so as to have an opportunity to respond to the allegations raised by RMS. But RMS through lawyer Gibson Kamau Kuria opposed the application saying CCK had no legal right to take part in the proceedings.
RMS, which owns Citizen TV, moved to court seeking to quash warrants of attachment used by CCK to disable the frequencies. It also wants the court to issue orders stopping CCK from preferring criminal charges against Macharia.