In Summary
  • The threats had been issued by Interior CS Fred Matiang’i, his counterpart for Information, Mr Joe Mucheru and Mr Francis Wangusi.
  • According to the judge, their remarks were merely speculative and that such should only be effected if what is aimed at being prevented is proportionate.

Threats of shutting down media houses or entities for announcing figures different from the Independent Electoral and Boundaries Commission’s in Tuesday’s election results are premature, the High Court ruled on Monday.

Justice George Odunga said that such threats should be effected only if they are factual based hence declared the threats premature.

The judge issued the judgment in a case in which Africog, together with its director Gladwell Otieno, sued two Cabinet secretaries and the Communications Authority’s director-general while challenging threats of shutting down any media house or entity which announces unofficial poll results.

The threats had been issued by Interior CS Fred Matiang’i, his counterpart for Information, Mr Joe Mucheru and Mr Francis Wangusi (CA).

According to the judge, their remarks were merely speculative and that such should only be effected if what is aimed at being prevented is proportionate.

ANNOUNCE RESULTS

“It is, therefore, my view that a decision to shut down systems of any entity purporting to announce the results of the August 8 polls if they are not the ones released by the IEBC would be premature in light of provisions of Article 24 of the Constitution, which bars limitation of any right,” said Justice Odunga.

The judge, however, dismissed the case saying that the right to information was not violated because what was being sought was an opinion.

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