Alleged Government Bribery, Lack Of 500,000 And More As Digital Migration In Nairobi Put Off Yet Again

The High Court suspended the planned switch from analogue to digital broadcasting to December 23, to allow determination of a suit filed by media houses challenging the Government plan. When Justice David Majanja suspended the switch off that authorities had scheduled to take effect on Friday in Nairobi, he allowed KTN, NTv and Citizen TV reprieve.

The judge heard arguments by the parties to the digital migration suit yesterday and announced he will rule on the matter on December 23. Three media houses have petitioned the court to stop the Government from switching off their signals in Nairobi on December 13. Justice Majanja extended the time for digital migration by 10 days pending a ruling on the main petition by three media houses — Standard Group, Nation Media group and Royal Media Services. They have challenged the process of the switch from analogue to digital broadcast, saying it is as a violation of the law. Justice Majanja also dismissed the application seeking a three-judge bench, saying the applicants had not raised weighty constitutional questions that need the intervention of a bench. Lawyer Paul Muite had argued the case was of great public interest and constitutional interpretation. “In my view, I can handle the petition and any party that is aggrieved can move to the appeals court as provided by the law,” ruled Justice Majanja. Muite said Nation Media Group’s CEO Linus Gitahi’s sworn statement showed Star Times had issued 5 per cent of their shareholding to government officials in exchange of obtaining licensing unfairly. But Star Times lawyer objected, saying they had followed the due process in obtaining the tender. Muite continued that a joint application for licensing by Nation Media and Royal Media Group had been dismissed for lack of a bond of Sh500,000. He posed, “Can the two media houses lack the money even if it was in cash?”
He said the petitioners had arranged with the Government to have two committees to oversee digital migration. One was to oversee on the technical aspect while the other was to handle investors’ concerns. And the Government acknowledged that investors had ploughed in millions of shillings on infrastructure and control 85 per cent of market share. “We are not opposed to digital migration, but we are questioning why the licensing is being done in a discriminatory manner,” Muite submitted. He prayed for dual-Transmission of both analogue and digital signals, since the respondents in the case had not stated they could be prejudiced. “My client will suffer by losing advertisements and intellectual property content to a competitor who wants to thrive on what the petitioners have spent millions of money to produce,” the counsel said. Consumer Federation of Kenya lawyer Henry Kurauka told the court the economic timing of the switch off was wrong. “The switch off date is being hurried yet the world’s date is set for the year 2015, so why hurry,” Kurauka posed. Cofek said the switch off date coincided with the Kenya at 50 celebrations as well as the funeral requiem mass and eventual burial of world icon Nelson Mandela, and will deny people right to information.

Source: Standard Digital