[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Sun Mar 30 13:26:49 EAT 2014

But Mr Wagikunju what you say is absolutely true.

But it will still be true whether digital migration is done in 2014 or 2024.

On Sun, Mar 30, 2014 at 1:11 PM, wgikunju at gmail.com <wgikunju at gmail.com>wrote:

> Dear all;
> I have been following the robust debate here since the Court ruling and
> Cofek's response, and i'm impressed by the quality of arguements put forth.
> Let me declare my interest, I'm an editor at the NMG, but i speak here in
> my private capacity. Im also a consumer of television broadcasts.
> But so are you all kictanetters, you're both interested parties in this
> matter of digital migration, as well as consumers of TV broadcasts.
> Unfortunately, i find your take on this matter elitist, completely biased
> and humanly selfish. You forget that a court of law makes judgement after
> weighing all interests at stake, and is ultimately guided by the letter of
> law, and the public interest. The major media houses have not at all been
> against digital migration. They have only been against the hurried manner
> in which the process has been pushed through by the CCK, and the less than
> transparent award of licenses to third parties to the contemptous exemption
> of the major broadcasters and investors in the industry. Ladies and
> gentlemen, from you posh houses and offices in upmarket Nairobi estates you
> forget that KSh5,000 is a fortune for most Kenyan households, which cannot
> be spent on a set top box while there are other most pressing basic needs.
> This is a reality that even rich economies like the USA chose not to run
> away from, and they issued vouchers for digital boxes for those households
> that couldn't afford them. Their migration had to be postponed severally to
> ensure no household was left behind. What happened even to the proposal to
> scrap taxes on these boxes, which could have halved the cost? Have you,
> kictanetters, in your eagerness to make a quick buck from the new digital
> world, forgotten that more than half of kenyans live on less than Sh105
> ($1.25) per day, yet they also crave for and have a right to watch TV?
> what the court of appeal found was a CCK bent on bulldozing a critical
> process, and ruled that on a balance, it would hurt public interest more to
> continue than to pause, be more consultative and carry everyone on board
> like the civilised and accomodative society that Kenya is supposed to be.
> Rgds,
> --WG
> -----Original message-----
> From: Network of non- formal Educational institutions
> Sent:  30/03/2014, 9:19  am
> To: wgikunju at gmail.com
> Cc: kictanet at lists.kictanet.or.ke
> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
> Response
>
>
> Dear ALL
>
> It is very sad indeed. As a major stakeholder, I think the courts did not
> balance. It looked more on the purported injustice of the major media
> houses and ignored the broader goal of digital migration.
>
> With regards to CCK all government institutions are moving towards
> complying to the constitution. And CCK will pass over the work and programs
> they have been implementing to the new body once it is formed in a smooth
> process that will not destroy the gains so far. What the courts have done
> is destroying all gains through this.
>
> I have a feeling that very many Kenyans and professionals/institutions
> have very little knowledge on Digital migration. The courts included. CCK
> should offer a sensitization/ awareness forum on Digital migration to
> judges.
>
> The consumers have lost because what the major media may do is to have all
> the channels they would think of just as they have done on radio. The
> consumer will miss diversity in content and programing.
> How about young and upcoming medai houses. Will they ever have a chance in
> the meddial of these major houses. Talk of monopoly by the major houses
> that would always want to keep the status quo
>
> Jane
>
>
> On Sunday, March 30, 2014 6:51 AM, Ali Hussein <ali at hussein.me.ke> wrote:
>
> Bernard
>
> Don't bet on it. Unfortunately I'm coming to a sad conclusion regarding
> the judiciary. In its attempt to show how 'independent' it is we are seeing
> a move towards an 'activist judiciary' which negates the very reason why we
> went through such a painful reform process in the judiciary.
>
> All I can say now is GOD HELP KENYA.
>
>
>
> Ali Hussein
>
> +254 0770 906375 / 0713 601113
>
> Twitter: @AliHKassim
> Skype: abu-jomo
> LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: 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 11:57 AM, "Bernard Kioko [Bernsoft Group]" <
> bkioko at bernsoft.com> wrote:
>
>
> David,
>
> You have summarized it well.
>
> Perhaps the benefit of what happened yesterday is that at the Supreme
> Court, sanity will carry the day without the option of going to any other
> court thereafter. It appeared to me like that's the "the plan" . Then
> again, is this wishful thinking on my part.
>
> Regards
>
> From:kictanet [mailto:kictanet-bounces+bkioko=
> bernsoft.com at lists.kictanet.or.ke] On Behalf Of David Makali
> Sent: Saturday, March 29, 2014 11:40 AM
> To: bkioko at bernsoft.com
> Cc: kictanet at lists.kictanet.or.ke
> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
> Response
>
> The court exceeded its mandate and sowed more confusion:
>
> 1. By legitimizing the expectation of the media owners for a license and
> proceeding to grant it one uncompetitively. So, why did the const require
> vetting of judges who were in office by 2010? They had a legitimate
> expectation to continue working into pensionhood, having held  their
> positions for years. The pt: the constitution erased all preferential
> expectations and set a new standard because of grievances over legitimacy
> and competence of the status quo.  In the case of ICT/ broadcasting,
> similar questions lie over the evenness of the ground.  The "competitive"
> standard in the award of any public resource or positions is to address
> such issues.
>
> 2. By simply voiding the rights of PANG which had been issued a license
> pursuant to a competitive process, however conducted by an "illegal" cck,
> and disregarding the injustice and financial consequences of such a
> decision. Why uphold the rights of one party and extinguish the rights of
> others? The court's Sympathy only seemed to lie on one side for which it
> poured out its heart generously, but totally ignored the rights of Pang and
> its subscribers.  A middle ground position, recognizing the predicament of
> the current media investors and a suitable remedy to the injustice it found
> committed against them by cck would have sufficed to put the country on a
> forward footing. But this? The next Destination seems to be the Supreme
> Court, which am afraid is going to be choking soon with many unnecessary
> petitions, thanks to the court of appeal's contestable strokes of justice.
> Pang, a subscriber, another investors, or even "cofek's" unrecognized
> consumers have
>  more than enough ground the way I see it.
>
> 3. By failing to admonish the govt for its confused policy (chaotic
> really) and confirming how dangerous it is to invest n this country, in ict
> particularly, because it has protected investors, and others are secondary
> regardless of the processes, which are now routinely reversed.
>
>
>
> This is official mail. If you doubt the content, call back on
> +254722517540.
>
> On Mar 29, 2014, at 10:15 AM, Dennis Kioko <dmbuvi at gmail.com> wrote:
> Very interesting Grace.
> >
> >Was the court well versed on the whole digital migration process,
> spectrum and the fact that spectrum is a resource that belongs to all
> Kenyans, and not a few organisations?
> >
> >On Saturday, 29 March 2014, Grace Githaiga <ggithaiga at hotmail.com> wrote:
> >@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-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)<
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> >--
> >with Regards:
> >
> >blog.denniskioko.com
> >
> >
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