COMMUNICATION COMMISSION OF KENYA
V.
TETRA RADIO LIMITED

JUDGMENT OF THE COURT

On 24^th June, 2011, the High Court (Gacheche, J.) delivered a judgment in a judicial review application which was filed by the respondent, Tetra Radio Ltd, against the appellant Commission. The notice of motion brought under the then Order LIII rule 3(1) (now Order 53 rule 3(1)) of the Civil Procedure

Rules sought the following:

an order of certiorari to move into the High Court and quash the decision of the appellant dated 18^th October, 2007 purporting to cancel a Commercial Trunked Radio Operator Licence (CTROL) issued to the respondent, without issuing the requisite notice under the Kenya Communications Act;

an order of prohibition directed at the appellant prohibiting it from carrying out and proceeding with the decision dated18^th October, 2007 (above); and

an order of prohibition directed to the appellant prohibiting it from utilizing, appropriating or allowing the exclusive use by the applicant of the frequency range between 370 MHz and 470 MHz. The grounds on w…