COMMUNICATIONS COMMISSION OF KENYA
V.
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS & ANOTHER

JUDGMENT OF THE COURT

INTRODUCTION

1. In this appeal, Communications Commission of Kenya (CCK), the appellant, challenged the decision of the Director of Public Prosecutions (DPP), the 1^st respondent, not to prosecute Royal Media Services Limited (Royal Media), the 2^nd respondent, for use of unauthorized frequencies.

The High Court found that the DPP acted within his powers as conferred by Article 157 of the Constitutional of Kenya, 2010 (the Constitution) and dismissed the suit.

BACKGROUND

2. CCK is a body corporate established under section 3 of the Kenya Information and Communications Act. It is mandated by the Act to licence and regulate postal, information and communication services and to facilitate the development of the information and communications sector.

3. On 30^th January, 2013 CCK applied and obtained warrants from the Subordinate court to seize the 2^nd respondent’s broadcasting equipment that it said were being used to make unauthorized broadcast transmissions at Migori, Ench…