The Kenyan media group whose premises were raided last week by police moved to the high court on Monday seeking to declare the attack and seizure of its property unconstitutional, according to court papers.
The Standard Group filed an affidavit asking the court to declare last Thursday’s attack a breach of its rights to freedom of expression and communication, owning property and an affront to free media in a democratic society, its lawyers said.
Last week, armed policemen stormed the group, Kenya’s second-biggest media organisation, temporarily shutting down its television station, damaging its printing press and burning newspapers, after a report that President Mwai Kibaki had held secret talks with a political rival Kalonzo Musyoka, his former environment minister.
National Security Minister John Michuki said the raid was aimed at preserving state security and that authorities had recovered materials threatening the country’s security from seized computers.
But the group said it had ”not at any time engaged [itself] in acts likely to threaten national unity or security and claims of an alleged bribe is clearly an after thought aimed at justifying an ominous act of thuggery and an affront to rule of law,” Nelly Matheka said in the affidavit.
”If indeed the raid was legitimate action aimed at preserving state security, I verily believe that there was no justification in the use of armed and hooded agents in the middle of the night.
”There would be no justification in the burning of newspapers and the theft of mobile phones by the hooded thugs under the pretext of preserving the state security,” she said.
The lawyers said the company lost properties worth 250-millions shillings ($3,5-million) during the raid, which police commissioner Major General Ali Mohammed claimed he was kept in the dark. The court is yet to assign a judge to hear the case.
If the court declares the raid unconstitutional, then Standard is expected to file a suit seeking an unspecified compansatory damages.
Three Standard journalists have been charged with publishing alarming reports. – Sapa-AFP