[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

[Ali Hussein]

Listers

Lets step back and ask a few fundamental questions:-

1. How has CAK contravened the constitution in regards to the digital migration.

2. How does this affect the country in the scheme of things in relation to the global move to digital migration.

3. How does it benefit the consumer when we continue to perpetuate a status quo in the media space where a few big boys muscle out everyone? Maybe Consumer Federation can expound on this. 

4. How can we ensure going forward that the tendering processes are air-tight and can withstand frivolous suits. In light of what happened to the laptop tender we must ask a fundamental question: 

IS THIS GOVERNMENT SETTING ITSELF UP TO FAIL IN THE OCT SECTOR? 

Ali Hussein

+254 0770 906375 / 0713 601113

Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
Blog: www.alyhussein.com

"I fear the day technology will surpass human interaction. The world will have a generation of idiots".  ~ Albert Einstein

Sent from my iPad

> On Mar 29, 2014, at 1:53 AM, Grace Githaiga <ggithaiga at hotmail.com> wrote:
> 
> http://www.nation.co.ke/news/Victory-for-Kenyans-as-judges-halt-rush-to-digital-migration/-/1056/2261326/-/qc6k17z/-/index.html
> “An independent body should therefore give them a licence without going through the tender process provided they comply with the regulations,” Mr Justice Maraga said.
> 
> Really? How now?
> 
> From: jgmbugua at gmail.com
> Date: Fri, 28 Mar 2014 23:36:37 +0300
> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
> CC: kictanet at lists.kictanet.or.ke
> To: ggithaiga at hotmail.com
> 
> Idiocy of the highest order. There is no win here only delay of the inevitable and stifling of innovation and investment.
> 
> Multichoice is certainly a winner.
> From: Consumers Federation of Kenya (COFEK)
> Sent: ‎3/‎28/‎2014 6:48 PM
> To: jgmbugua at gmail.com
> Cc: KICTAnet ICT Policy Discussions
> Subject: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
> 
> 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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> 
> KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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