[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Sat Mar 29 09:26:13 EAT 2014

The court ruling as reported in the Daily Nation article is quite confusing.

First, the court is asking the government to reimburse PANG and StarTimes
for their licensing fee and investments. How much will this cost the tax
payer?

Second, the court in supporting its ruling, says media owners have invested
a lot and they shouldn't lose their investment. The media owners will still
lose their investment as digital broadcasting is a new technology that
requires new infrastructure - perhaps the only infrastructure that can be
reused is the towers.

Third, is the court implying that licenses issued by CCK are
unconstitutional?

On Sat, Mar 29, 2014 at 8:14 AM, Ali Hussein <ali at hussein.me.ke> wrote:

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<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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