Uproar After Man Arrested For Running Radio Station Without Licence

Kenyans on social media criticised the Office of the Director of Public Prosecutions (ODPP) after it on Tuesday, July 4 announced the arrest of a middle-aged man for running a radio station without a licence.

The man, Austin John, was arraigned before a Kisumu court and charged with establishing and running the station without a valid licence from the Communications Authority of Kenya (CA).

John was subsequently charged with four counts of establishing a radio station without the licence, providing radio broadcasting services without a valid licence and two other counts the ODPP did not reveal in its statement.

Austin John before Kisumu Magistrates Court where he was charged with four counts of establishing and running a radio station without a valid license, July 4, 2023. /ODPP

"A middle-aged man was today arraigned before Kisumu Magistrates Court with four counts of; establishing a radio station without a valid licence, providing radio broadcasting services without a valid licence & two other counts.

"Austin John pleaded not guilty to all the four charges before Hon. Joan Wambilianga and was released on a bond of Ksh100,000," the statement read in part.

ODPP added that the prosecution led by senior police constable (PC) Nina Opiyo lined up a total of nine witnesses to testify against him on September 6, 2023.

The statement was however not taken kindly by Kenyans who criticised authorities for arresting the man instead of helping him secure a job in the media or to support his craft.

"Instead of helping the young man, you've opted to arrest and charge him?" voiced digital media practitioner, Martin Wachira.

"Can somebody explain to me the real story behind this case because it does not make sense? Were they broadcasting terrorist ideologies? Were they advertising Ponzi schemes?

"Did they steal equipment? Were they calling for maandamano? Why go after them? ODPP imekosa kazi (ODPP doesn't have work to do)?" Nahashon Kimemia posed.

Others accused the government of repeatedly killing talents and innovation in the country which has forced Kenyans to seek opportunities abroad to grow their craft.

Licencing for the establishment and operation of a radio station is done by CA, with licences provided for three categories of radio broadcasting which are Public Broadcasting, Commercial/Private broadcasting service and Community Broadcasting services.

Public broadcasting licence is only given to Kenya Broadcasting Corporation (KBC), the national broadcaster. Community Broadcasting Services licencing is however given to individuals or groups that want to run a community radio.

Radio stations that play copyrighted music are by law also required to obtain a licence from the Music Copyright Society of Kenya (MCSK).

The issue of radio licences gained prominence on December 22, 2021, when CA announced that Capital FM and NRG Radio were among 60 radio stations put on notice for failure to comply with their licence offer conditions.

Capital FM then revealed in a statement through the station's Group Chairperson, Mary-Anne Musangi that they had a meeting with the regulatory body to iron out issues that were outstanding and that the station had complied with CA's requirements after holding a meeting with officials from the authority.