NAIROBI, Kenya, May 12- A petitioner has moved to court seeking a court injunction to bar broadcast gambling and prize competitions that are rampantly being aired through vernacular radio stations.
The petition filed yesterday through a notice of motion dated May 6, 2022, before High Court judge Justice Antony Charo Mrima pits the plaintiff, Lydiah Wairuri Mbagah and nine respondents among them Inooro FM of Royal Media Services and Kameme FM of Mediamax Network Limited as the 1st and second respondents respectively among seven others.
Wairuri is seeking the constitutional court to issue temporary injunctive orders barring continued airing, conducting and or promoting any prize competitions, betting games and or lotteries under the name of Vuvuzela Company Limited Chocha Investment Limited and Piga Jeki pending hearing and determination of her application.
She avers that if the court does not grant the orders, the public risks losing their hard-earned monies as a result of incurring financial and economic loss to unauthorized prize competitions, betting games and or lotteries ran and promoted each hour by luring innocent listeners to the illegitimate competitions.
The petitioner through Maina Ngaruiya & Co Advocates was directed to serve the respondents within five days from yesterday.
The application was certified urgent and the case is coming up for direction on May 24, 2022, at the Milimani Law Courts in Nairobi.
The Communications Authority of Kenya (CA) has been cited as the third respondent, Betting Control and Licensing Board (BCLB) 4th respondent, Media Council of Kenya (MCK) 5th respondent, Safaricom PLC as 6th defendant.
Others are Chocha Investment Limited as 7th defendant, Vuvuzela Company Limited (8th defendant) and the Attorney General the 9th respondent.
Through her petition, the plaintiff claims that the 1st and 2nd respondents willingly and knowingly neglected and continue to neglect to issue a warning message on the negative consequences of gambling to their gullible loyal customers, mostly the youths.
“Additionally, consumer rights are constitutionally protected rights under Article 46 of the constitution, Consumer Protection Act and the Competition Act making it an offence to conduct unfair trade practices that include misrepresenting goods and services or advertising goods and services without disclosing to the consumer that the goods and services are being advertised as a promotion.” Wairuri says in part.
The petition further wants mandatory orders issued to compel Safaricom to suspend the paybill numbers 326325, 65099, 4030041, 383838, 299555, 150150, 777382, 440322, 449555, 494978, 5668989, 494978 and 636325.
She also wants Safaricom barred from approving and/ or warranting the transfer of the funds held in the accounts registered with the above paybill numbers.
In the court papers filed, BCLB wrote to Media Owners Association, Safaricom and Communications Authority of Kenya over breaches of gambling regulations by broadcast media players including radio stations.
“It has come to the attention of this Board that several media stations have been carrying on the business of prize competitions and public lotteries aired during diverse programs throughout the day. These prize competitions and lotteries are being offered to the members of the public without any authorisation from Betting Control and Licensing Board. By copy of this letter, Safaricom Limited PLC is hereby directed to shut down any short codes, USSD codes and pay bill numbers that are being used to conduct unauthorised prize competitions and public lotteries until the necessary authorization is obtained from this board.” A correspondence by BCLB referenced REF: BCLB 1/27 VOL .1 reads in part.
Wairuri has also affixed proof of participation in the betting games aired by Inooro FM and Kameme FM but has never won.
She wants the algorithm used for one to win and be informed when her personal data is collected and if the data is to be transferred to a third party as provided in Sections 26, 27 28 and 29 of the Data Protection Act.
“The 1st and 2nd respondents have been unlawfully enriching themselves and the third parties with whom the pay bill numbers and prize competitions, betting games and/ or lotteries are owned,” Wairuri says through her petition.
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