3.
Mr Omo depones that after the petition was heard and determined,
CCK applied for warrants of search and seizure under the
provisions of section 118 of the Criminal Procedure Code to seize
illegal transmitters which were subject to notices issued on 30 th
November 2012 and 3rd December 2012. On 30th January 2013, the
Chief Magistrate Court did grant orders of search and seizure as
follows;
(a) Misc. No. 152 of 2013 – Migori, Enchoro Hill in Borabu and
Narok Transmitter site.
(b) Misc. No. 153 of 2013 – Menengai Hill in Nakuru , Nanyuki
and Gatare in Murang’a Transmitters.
(c) Misc. No. 154 of 2013 – Mukuyuni, Mwingi and Karue Hill
in Embu Transmitter sites.
(d) Misc. No. 155 of 2013 – Mambrui in Malindi and Vuria in
Taita Transmitter sites.
It is pursuant to these warrants of search and seizure that the CCK
states that it proceeded to search the petitioner’s transmitter
premises and seize equipment. Under the terms of the warrants
issued by the court, the equipment seized is to be taken before the
court.
4.
By the time, the petitioner came to court yesterday, all this
information was unknown to it and that is why I stated at
paragraph 7 of my decision of 3rd February 2013 that I would like
to give the other side an opportunity to the other side to hear its
case before issuing a drastic order. I consequently declined to grant
mandatory orders.
5.
It is not in dispute that the exercise of disabling the petitioner’s
transmitter stations has been completed as 17 of the petitioner’s
transmitters having been shut down. The conservatory orders left
PETITION NO. 59 OF 2013 RULING No. 2 03.02.2013
Page 2