[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Sun Mar 30 14:52:34 EAT 2014

Wagikunju - the issues you raise are germane to the digital migration, yes, but unfortunately that was not the gist or the focus of the appeal before the court nor the concern or its orders.  Ok, what effort have the media put into lowering the cost of the boxes? Or to sensitize people that the migration is going to happen and so, prepare? Speaking from the same industry but from an entirely public interest perspective, I know what cartels do. Let me ask you: Why are all newspapers priced the same? Yes, expect the same "industrial" behavior when the media have the signal distribution license and they sit alone and decide how much they will charge you to access their content. And you will do nothing about it because there will be no competition. The court of appeal has endorsed media concentration and cemented the skewed landscape with its judgment.

I will say nothing about the claims of "hurried" migration by cck because there is plenty of evidence of long running consultations on the matter including the establishment of migration committees.  Lets wrack our heads and find long lasting solutions in the interest of the country and not just vested interests.

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On Mar 30, 2014, at 1:55 PM, Dennis Kioko <dmbuvi at gmail.com> wrote:

> #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 <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
> 
> 
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
> 
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