[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Sun Mar 30 20:34:59 EAT 2014

Guys,

If an organization by the then name of CCK had done its homework and had
greed not been the overriding factor in issuing the Digital Licenses, we
would not be in the mess that we are in today, where Wanjiku has lost big
time.

Any smart person @CCK would have foreseen what has happened the moment the
current broadcasters lost the bid for the digital broadcasting license. You
cannot wish away such a large fish swimming in the pool. The smart thing
would be to work with the big fish as you rear other fish and only confront
the big fish once you have other sizeable fish in that pool.

They say "...The law is an ass..." and I can't think of a more applicable
case than this!

Way forward:
1. Issue the local broadcasters the Digital License. This gets them out of
the way
2. Issue similar Licenses to Signet and that other Chinese firm
3. Get sober minds at CAK. If we don't do this, we wouldn't have a
regulator to talk about in the next couple of months.
4. And let the conspicuously absent CS ICT to take charge. There is not a
single *BIG* deal that touches ICT that can go through without hullabaloo!

Exactly whats is hard in doing this?

On Sat, 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)<
>
> _______________________________________________ kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or
> change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.comThe 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. KICTANetiquette : Adhere to the same standards of acceptable
> behaviors online that you follow in real life: respect people's times and
> bandwidth, share knowledge, don't flame or abuse or personalize, respect
> privacy, do not spam, do not market your wares or qualifications.
>
>
>
> --
> with Regards:
>
>
>
> blog.denniskioko.com <http://www.denniskioko.com/>
>
>
>
>
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo.com
>
> 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.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
>
> * ------------------------------ *
>
>
>
> This e-mail and any attachments may contain information that is
> confidential, legally privileged and protected by law and is intended for
> the sole use of the named recipient(s). Any unauthorized review, use, or
> disclosure or distribution is prohibited. Any liability (in negligence or
> otherwise) arising from any third party acting, or refraining from acting
> on any information contained in this email is hereby excluded. If you are
> not the intended recipient, please delete the contents and notify the
> sender immediately; do not disclose the contents to any other person, use
> it for any purpose or store or copy the information in any medium. Whilst
> our e-mails are checked for viruses, we cannot guarantee that this message
> or any attachment is virus free, does not contain malicious code or is
> incompatible with your electronic system and the Company does not accept
> liability in respect of viruses, malicious code or any related problems
> that you might experience. For further information about us, please contact
> us at the address indicated below.
>
>
> Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722
> 929192 Email: admin at bernsoft.com Web: www.bernsoft.com
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/ngigi%40at.co.ke
>
> 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.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>

-- 
*Regards,*

*Wait**haka Ngigi*
Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737 811
000
www.at.co.ke
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20140330/41e0307d/attachment.htm>