CA engineer tells court radio station shutdown in Kisumu was using aviation frequency

 

A local radio station shutdown for alleged illegal operation was using a frequency assigned to the aviation industry, a Kisumu court was told on Wednesday, September 6, 2023.

Max FM had allegedly been operating in Kisumu without a valid licence leading to the owner's arrest and subsequent arraignment in court in July.

While testifying against Austin John in court on Wednesday, an engineer in charge of the frequency department at the Communication Authority (CA) said all broadcasting frequencies in Kenya operate within a bandwidth of 87.0 MHz to 108.0 MHz, while those for aviation services operate within a spectrum of 108.0 MHz to 137.0 MHz.

The state witness further told Kisumu Principal Magistrate Ngugi Mwenda that the frequency on which the radio was operating had the potential of interfering with aeronautical frequency that aids communication between pilots and the control tower, hence putting the lives of passengers and other airspace users at risk.

"The frequency on which the accused Austin John was operating was within the aeronautical service frequencies, which in practice was not allowed because it interfered with the aeronautical frequency that aids communication between pilots and the control tower, putting passengers and other airspace users' lives in danger," Office of the Directorate of Public Prosecutions (ODPP) said in a statement.

Further, the magistrate heard that Austin obtained the frequency illegally after his application was rejected.

"The accused person's application for a frequency had been rejected by the authority since there was no available frequency in Kisumu area at the time," he said.

Austin was first arraigned in court on July 4, 2023.

He was charged with four counts including establishing a radio station without a valid licence and providing radio broadcasting services without a valid licence.

He denied all four charges before Joan Wambilianga and was released on a bond of Ksh100,000.

The prosecution has lined up a total of nine witnesses to testify in the case.

The hearing of the matter will continue on October 24.    BY K24 NEWS