[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Sun Mar 30 13:55:04 EAT 2014

#1. Television is not a basic human right.

Not all Kenyans own televisions. All Kenyans own spectrum.

Therefore, the interest of the state should be in use of spectrum
benefiting all Kenyans, rather than making television affordable to the few
Kenyans who own it.

#2. As long as there's no set migration date, private capital shall not go
into decoders, and decoders shall remain "highly priced."

It's either we end the chicken and egg game by picking one, or keep going
to court to determine which should come first.

On Sunday, 30 March 2014, Rad! <conradakunga at gmail.com> wrote:

> 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<javascript:_e(%7B%7D,'cvml','wgikunju at gmail.com');>
> <wgikunju at gmail.com <javascript:_e(%7B%7D,'cvml','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
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>
>

-- 
with Regards:

blog.denniskioko.com <http://www.denniskioko.com/>
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