1. In this Schedule, unless the context requires otherwise,“broadcasting permits” means any authority given prior to the commencement of this Act by the Minister in charge of broadcasting authorizing any person to undertake broadcasting services. 2.The Commission shall respect and uphold the vested rights and interests of parties holding broadcasting permits issued by the Minister prior to the commencement of this Act; Provided that— (a) such parties shall be granted a period not exceeding one year during which they may continue to operate in accordance with their existing permits; and (b) before the expiry of the one year period, such parties shall apply to the Commission to be licensed under this Act. 56. My reading of this provision is that any broadcaster which held a permit from the Minister under the unregulated regime did not have to apply for a permit under the Act until after the expiry of one year from the effective date. This implies that KBC, which had been given authority to act as a digital signal distributor in February 2008, was entitled to continue operating without applying for a licence for a year after the commencement of the Act, before the expiry of which it would be required to apply for a signal distribution licence. 57. It appears to me from the available evidence that KBC has not applied for a signal distribution licence after the expiry of one year from the commencement date, and to that extent, since there is no indication from the evidence that KBC has applied for and been granted a signal distribution licence in accordance with the provisions of section 46N of the Kenya Information and Communications Act, the petitioner is correct that the 2nd respondent is operating in breach of the law. 58. This petition, however, is a constitutional petition alleging violation of the petitioner’s constitutional rights under Articles 27, 33 and 34 of the Constitution. Does the failure of the 2 nd respondent to apply for a licence as required under section 46N(1), and the failure by the 1 st respondent to enforce the provisions by taking action in accordance with section 46N(2) violate the said Articles of the Constitution? 59. Article 33(1) (a) provides that; “every person has the right to freedom of expression, which includes; (a) freedom to seek, receive or impart information or ideas (b) freedom of artistic creativity; and (c) academic freedom and freedom of scientific research.' 60. In my view, there is no violation of the petitioner’s rights in non-enforcement of Section 46N(1) with regard to KBC. The failure to require that KBC applies for a licence as a signal distributor in accordance with the above section, while it may demonstrate a dereliction of duty by CCK, does not, in my view, curtail in any way the right of the petitioner or of the public to seek, receive, or impart information and ideas. 61. The petitioner is aggrieved that CCK has not licensed it to broadcast on the digital platform. The response by CCK is that the petitioner was not a broadcaster on the analogue platform, and is therefore a new entrant in the broadcasting market, an argument echoed by KBC. That may well be the case.