JUDGMENT OF THE COURT
Royal Media Services Ltd “the appellant” instituted in the High Court in Nairobi a constitutional petition dated 15th July 2009 against the Attorney General “the respondent” that culminated in the judgment by Majanja J. dated 16th December 2011 that is now the subject of the instant appeal.
The appellant was at the material time and is still in the radio and television broadcasting business and was at the time of instituting the petition owning and operating about nine radio and television stations. In the petition the appellant claimed that it had been contracted by the defunct Constitution of Kenya Review Commission “the Commission” to offer civic education to Kenyans of all walks of life through its eight radio stations between October and 16th November 2005, in connection with the referendum which was held on 21st November, 2005, to ratify the then proposed Constitution. Pursuant to the contracts the appellant offered the services contracted in the form of gene…