[2015] KESC 13 (KLR)
The Supreme Court rejected the application by Channel Forty Three Media Company Limited to be enjoined as an interested party on the grounds that the applicant was not a party to the original proceedings and that the current issue before the Court is one of compliance with its earlier judgment. The Court found that...
Source-derived case information.
- Citation
- [2015] KESC 13 (KLR)
- Parties
- Appellant: Communications Commission of Kenya; Appellant: The Hon. Attorney General; Appellant: The Ministry of Information Communications and Technology; Appellant: Signet Kenya Limited; Appellant: Pan African Network Group Kenya Limited; Appellant: Startimes Media Limited; Respondent: Royal Media Services Limited; Respondent: Nation Media Services Limited; Respondent: Standard Media Group Limited; Respondent: Consumer Federation of Kenya (COFEK); Respondent: GOTV Kenya Limited; Respondent: West Media Limited
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Petition 14, 14A, 14B & 14C of 2014
- Procedural Posture
- Petition / Ruling on Application for Joinder as Interested Party
- Outcome
- application for joinder as interested party dismissed
- Legal Topics
- Joinder of Parties, Interested Party Status, Compliance With Court Orders, Digital Broadcasting Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Communications Commission of Kenya
Appellant
The Hon. Attorney General
Appellant
The Ministry of Information Communications and Technology
Appellant
Signet Kenya Limited
Appellant
Pan African Network Group Kenya Limited
Appellant
Startimes Media Limited
Appellant
Royal Media Services Limited
Respondent
Nation Media Services Limited
Respondent
Standard Media Group Limited
Respondent
Consumer Federation of Kenya (COFEK)
Respondent
GOTV Kenya Limited
Respondent
West Media Limited
Respondent
Procedural Posture
Petition / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether Channel Forty Three Media Company Limited should be enjoined as an interested party at this stage of the proceedings.
- 2 Whether the application for joinder would cause unnecessary delay or prejudice to the core matter of compliance with the Supreme Court's orders.
Ratio Decidendi
The Supreme Court rejected the application by Channel Forty Three Media Company Limited to be enjoined as an interested party on the grounds that the applicant was not a party to the original proceedings and that the current issue before the Court is one of compliance with its earlier judgment. The Court found that the application was brought too late in the process and that granting it would risk unnecessary delays and distract from the core matter of ensuring compliance with the Court's orders. The Court further noted that allowing such applications at this stage could set a dangerous precedent by encouraging the raising of new causes of action through late joinder applications....
Court Disposition
application for joinder as interested party dismissed
Orders
- The application by Channel Forty Three Media Company Limited to be enjoined as an interested party is rejected.
- There will be no orders as to costs of the application.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
AT NAIROBI
(Coram: Mutunga, CJ & P; Ibrahim, SCJ)
PETITION NO. 14 OF 2014
AS CONSOLIDATED WITH PETITION NO. 14 A OF 2014;
PETITION NO. 14B OF 2014;
AND
PETITION NO. 14C OF 2014
BETWEEN
1. COMMUNICATIONS COMMISSION OF KENYA
2. THE HON. ATTORNEY GENERAL
3. THE MINISTRY OF INFORMATION COMMUNICATIONS AND TECHNOLOGY
4. SIGNET KENYA LIMITED
5. PAN AFRICAN NETWORK GROUP KENYA LIMITED
6. STARTIMES MEDIA LIMITED.......................................................APPELLANTS
AND
1. ROYAL MEDIA SERVICES LIMITED
2. NATION MEDIA SERVICES LIMITED
3. STANDARD MEDIA GROUP LIMITED
4. CONSUMER FEDERATION OF KENYA(COFEK)
5. GOTV KENYA LIMITED
6. WEST MEDIA LIMITED...............................................................RESPONDENTS
R U L I N G
After hearing all parties and their submissions on this application by Channel Forty Three Media Company Limited to be enjoined in this Petition as an interested party we rejected the application and now give our reasons:
The applicant was not a party to these proceedings in the Supreme Court and the matter in issue now is clearly one of compliance with this Court’s Judgment of September 29, 2014. The applicant has come too late in these proceedings. The application may also result in unnecessary delays of focusing on the core matter of seeking compliance with the orders of this court.
The reasons for this application are that the applicant continues to suffer as a result of these continued interlocutory orders to which the applicant was not a party. The application can set a dangerous precedent of raising other causes of action through such an application as this in the future.
There will be no orders as to costs of the application.
DATED and DELIVERED at NAIROBI this 5th day of January, 2015.
…..………..………………………………………. …………………………………………………
W. M. MUTUNGA M.K. IBRAHIM
CHIEF JUSTICE & PRESIDENT JUSTICE OF THE SUPREME COURT
OF THE SUPREME COURT
I certify that this is a true copy of the original
REGISTRAR
SUPREME COURT OF KENYA