TITLE: Wananchi Group (Kenya) Limited v Communications Commission of Kenya & another [2013] VENUE: IN THE HIGH COURT OF KENYA AT NAIROBI CASE ID: PETITION NO 98 OF 2012 AUTHORING JUDGE: MUMBI NGUGI J DATE OF DECISION: 28th May 2013 PLAINTIFF: WANANCHI GROUP (KENYA) LIMITED DEFENDANT: 1.THE COMMUNICATIONS COMMISSION OF KENYA 2. KENYA BROADCASTING CORPORATION 3. MULTICHOICE (KENYA) LTD KEYWORDS: ICT, Information and communication JUDGMENT Introduction 1. This petition pits Wananchi Group Kenya Limited (the petitioner), against the Communication Commission of Kenya (CCK), a statutory body established under the provisions of the Kenya Information and Communications Act, Cap 411A Laws of Kenya, and the Kenya Broadcasting Corporation (KBC), also a statutory body, established under the Kenya Broadcasting Corporation Act. 2. The petitioner, which describes itself as the leading media and telecommunications operator in East Africa, was established in 2000. It states that it provides its services under both cable and satellite platforms and enables information sharing, learning and entertainment into everyday life through internet, television and telephone services. It also offers, through its affiliates, broadcasting services on the basis of permits issued by the Minister for Information and Communication. 3. CCK is the municipal body responsible for the implementation of the international obligations that Kenya owes to the International Telecommunication Union (ITU), a specialized United Nations agency in the field of Information and Communications Technology to which Kenya is a member. KBC has the statutory mandate to inform, educate and entertain the general public. It is also designated, under section 46E of the Kenya Information and Communications Act 1998, as the public broadcaster to provide public broadcasting services. 4. The Interested Party, Multi Choice Kenya Limited (Multi Choice),which provides subscription based television services under the DSTv brand in Kenya and the rest of Africa, was joined as a party to these proceedings as the basis of the petitioner’s complaint revolves around the joint venture between KBC and Multi Choice. Background 5. The facts forming the background to this petition as they appear from the parties’ pleadings and submissions are not in dispute. Broadcasting in Kenya has hitherto been carried out on an analogue platform which requires one dedicated frequency in a defined area for a particular television channel. TV broadcasting services are currently offered in VHF and UHF frequency bands (46-68 MHz, 174-230 MHz and 470-862MHz) which is in