No reports on the detention in November 1999 of Mr. S.K. Macharia, owner of Citizen Radio and Television and of Royal Credit Ltd, on the detention of his two bodyguards, and on the confiscation of his passport could be found among the sources consulted by the Research Directorate. However, the following information may be of interest.

The Network for the Defence of Independent Media in Africa (NDIMA) states that "on 25 April 2001, Citizen radio and television station proprietor Samuel Kamau Macharia was arrested and charged with setting up and using radio communication equipment without a licence. The transmission equipment in question was placed along Forest Road in Karen and Ambank House along University Way in Nairobi. Police further accused the businessman of obstructing them when they raided his offices on 25 April" (26 Apr. 2001). He was reportedly released on a bond of approximately US$6,670 (KSh500,000) pending a trial which was due to take place on 29 May 2001 (ibid.; The Nation 26 Apr. 2001). The Internet issue of The Daily Nation, however, mentions that S.K. Macharia was arrested together with his company's security chief, John Chege (26 Apr. 2001). The police were reportedly acting on the orders of Communication Commission of Kenya (CKK), the statutory body responsible for regulating broadcasting in Kenya (ibid; The Nation 26 Apr. 2001; The Nation 26 Apr. 2001). This was reportedly the second time that radio station was shut down by the CKK (Daily Nation on the Web 26 Apr. 2001; NDIMA 26 Apr. 2001; Rights News Service 2 Mar. 2000).

In August 2001, S.K. Macharia's Royal Media Services (RMS) reportedly lost "its bid to resume broadcasting," after a high court dismissed the bid with costs arguing that "RMS had moved its broadcasting equipment from Limuru to Karen without the CCK's authority, as required under the Kenyan Communications Act" (NDIMA 21 Aug. 2001).

However, in February 2002, a Nairobi court reportedly terminated the criminal case following "the tendering of a nolle prosequi duly signed by the Attorney General, Amos Wako" (The East African Standard 3 Feb. 2002). By the time the case was terminated, the Citizen radio station had reportedly resumed broadcasting and its affiliated television station was expected to resume broadcasting in the near future (ibid.). In correspondence with the Research Directorate, the NDIMA office in Nairobi stated that Citizen Radio and Television had resumed broadcasting (9 Apr. 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Daily Nation on the Web. 26 April 2001. "Citizen Taken Off Air." http://www.nationaudio.com/News/DailyNation/26042001/News/News23.html[Accessed 23 Apr. 2002]

The East African Standard [Nairobi]. 3 February 2002. Boniface Kaona. "Citizen Case Withdrawn." http: //allafrica.com/stories/printable/200202040203.html [Accessed 5 Mar. 2002].

The Nation [Nairobi]. 26 April 2001. Pamela Chepkemei. "Citizen Boss Arraigned in Court Over Radio Devices." http://allafrica.com/stories/printable/200104250364.html[Accessed 5 Mar. 2002]

Network for the Defence of Independent Media in Africa (NDIMA). 9 April 2002. Correspondence.

_____. 21 August 2001. "Alert Update: Radio Station Loses Bid to Resume Broadcasting." (NEXIS)

_____. 26 April 2001. "Alert: Radio Station Shut Down, Proprietor Charged in Court." (NEXIS)

Rights News Service. 2 March 2000. "Opposition Kenyan Station Broadcasts Again." http://dfn.org/focus/kenya/citizen3.htm [Accessed 23 Apr. 2002]

Additional Sources Consulted

Africa Confidential

Africa Research Bulletin: Political, Social and Cultural Issues

Country Reports for Human Rights Practices for 2001. 2002.

The Indian Ocean Newsletter

Keesing's Record of World Events

Internet sites including:

Amnesty International

Human Rights Watch

Search engines including:

Google

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