JUDGMENT OF THE COURT
Nature Foundation Limited, the appellant herein, was the exparte applicant before the High Court of Kenya in the Notice of Motion dated 25th May 2010. In that application, the appellant sought, inter alia, an order of certiorari to remove into the High Court and quash regulations 46(1), (2) and (3) of the Kenya Communications (Broadcasting) Regulations, 2009, purporting to provide for “Transition of permits to licences”. It was alleged that those regulations were made ultra vires, and in complete and flagrant violation of sections 46A (a) and (d), 46D (2)(b) and (d), 46K (a), and 46 (R) of the Kenya Information and Communications Act of 1998, and paragraphs 2(a) and (b) of the Fifth Schedule to the Kenya Communications (Amendment) Act, 2009.
It was the case of the appellant that prior to 2009, broadcast permits were issued by the executive to a select group of persons. In addition, there was no regulatory framework for broadcasting in the country. To illustrate thi…