[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Sat Mar 29 09:39:02 EAT 2014

@Kioko, I quoted this sentence because I just didnt believe that a court of law can disregard the fact that there are rules to tendering processes. Inaonekana mambo ni yale yale!
“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.
Date: Sat, 29 Mar 2014 09:26:13 +0300
From: dmbuvi at gmail.com
Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
CC: kictanet at lists.kictanet.or.ke
To: ggithaiga at hotmail.com

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-jomoLinkedIn: 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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