[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

[Harry Hare]

Bwana Ogutu,

Like many in the list, I appear lost on what the federation considers to be a "win" for consumers. I haven't got a chance to read the ruling as delivered by the court and therefore using the snippets you provided in your post as context.

As a consumer in my own right, I feel this ruling has robbed me the right to consume content how I want it, when I want it and where I want it read Choice. As an industry player, the ruling is to say the least misguided, unconstitutional and out of touch with industry trends and international obligations.

So can you be kind enough to explain to us how the consumer has won in this case. Or did you confuse the consumer with COFEK and/or together with its partners the media owners? At this point I am completely confused who COFEK actually represents.

With Kind Regards
Harry

> On Mar 28, 2014, at 6:47 PM, "Consumers Federation of Kenya \(COFEK\)" <hotline at cofek.co.ke> wrote:
> 
> 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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