[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

[Consumers Federation of Kenya (COFEK)]

Dear All,

This afternoon's ruling by the Court of Appeal is certainly a major win for
the consumers, operators and other stakeholders on the broadcast media.
Indeed the consumer movement is emboldened and we hope other sectors shall
take their lesson.

It vindicates our long held view that in its' current form, the CCK (and now
CAK) is not the regulator envisaged under Article 34(3) of the Constitution.
We are grateful that the Media Owners Association have pushed and won the
fight we began in December 2012 to make the transition to digital
broadcasting fair and independent to all stakeholders.

We expect that the nullified Broadcast Signal Distribution license to PANG
will have immediate consequences on Star Times and that the BSD to media
owners will be fast-tracked. It will be futile for the Government to appeal
the ruling at the Supreme Court. 

In light of such embarrassment to Government, it is only fair that the ICT
Secretary resigns from office and that the regulator rescinds all major
decisions it has made as the effect of the ruling has the potential to
reverse all decisions made by the CCK since August 27, 2010 when the current
Constitution was promulgated. Thank you.

Japheth Ogutu, FOR: Secretary General, The Consumers Federation of Kenya
(Cofek)

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