[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Mon Mar 31 12:11:04 EAT 2014

Japheth,

The issue is not the "persons" - but more of the regulator as a
body/institution needs to be truly independent and free of government
control or business owner influences/bullying. The persons occupying the
offices must be empowered and protected by the law for us to achieve.

*(5) Parliament shall enact legislation that provides for the establishment
of a body, which shall--*

*(a) be independent of control by **government**, **political interests**
or **commercial interests**;
*(b) reflect the interests of all sections of the society; and
**(c) set media standards and regulate compliance with those standards.

Wainaina

On Mon, Mar 31, 2014 at 9:39 AM, Consumers Federation of Kenya (COFEK) <
hotline at cofek.co.ke> wrote:

> Great comments, and to the point - wish the "right" people can apply to be
> considered as board members of the would be "new" regulator
>
>
>
> Japheth
>
>
>
> *From:* kictanet [mailto:kictanet-bounces+hotline=
> cofek.co.ke at lists.kictanet.or.ke] *On Behalf Of *Wyne Bar
> *Sent:* Monday, March 31, 2014 9:23 AM
> *To:* The Consumers Federation of Kenya (Cofek)
>
> *Cc:* KICTAnet ICT Policy Discussions
> *Subject:* Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
> Response
>
>
>
> I have kept off this debate because of vested interests by several parties
> claiming to be making objective analyses. On this list, there's little, if
> any, objectivity in the matter of Signal Distribution licensing and
> #DigitalMigrationKE as a whole. I will therefore abstain from making direct
> comment on the ruling, STBs, Tenders, BSD licences or the Switch-Off date.
>
> Instead, I propose we focus on the new regulator. Six years ago, we had a
> somewhat related debate (copied below) about Media Owners versus Editorial
> Freedom.
>
> The matter of what really constitutes 'media freedom' came up in 2012/13
> as it did in 2008 around the election period. It came up again during
> debates on Media Laws as media owners presented their grievances. We forget
> to sort out media regulation in fair weather.
>
> After the ruling by the Supreme Court enforcing Section 34 of the
> Constitution, what we may want to ensure as "Consumers of media", is that
> the new regulator will be truly "independent" and yet "powerful"...cannot
> be influenced by Media Owners or Government etc and can make & enforce bold
> decisions.
>
> If we get the composition, independence and (power) of the new regulator
> wrong, nothing else we debate here about Signal Distribution, investor
> protection or consumer rights will be of any consequence in protecting
> consumers from rogue media or a rogue government.
>
> On Broadcasting, the cliché "content is king" still holds and whether or
> not BSD licence goes to local private media, the right to
> access/rebroadcast their FTA content must remain with the Broadcaster. That
> is also true for upcoming content producers who need protection of their
> content from other players along the value chain. As we debate the issues,
> let us remember there are many players in the Digital Broadcasting value
> chain.
>
> As the ruling has proved, the REGULATOR is a critical player in the
> industry. Let us all help to put together a regulator that will guarantee
> justice, innovation and all our ICT aspirations as a country.
>
> **This is my personal position as a Kenyan consumer of media...and my
> views do not represent any media house; or group of Broadcasters**
>
> Have a regulated day,
>
> Wainaina
>
> ---------- Forwarded message ----------
> From: Wainaina Mungai <wainaina at madeinkenya.org>
> Date: Wednesday, February 13, 2008
> Subject: [kictanet] Kenya: The Media is Not Innocent
> To: wainaina.mungai at gmail.com
> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>
>
> Allow me to re-deflect the issue away from a specific media house and
> state the following as a way forward:
>
> 1. Journalists must work with all Kenyans to make the press free from
> undue influence from Media Owners. Press Freedom will not be achieved until
> we liberate the journalists from the editorial biases of the media owners.
>
> 2. Editors must be held responsible when media houses publish/broadcast in
> an unethical manner. For this to hold, we must ensure that the media owners
> are not the 'final' editors.
>
> 3. Journalists/reporters have developed a culture of accepting inducements
> in order to edit stories as requested. This must be treated as a crime due
> to the privileges society accords the press.
>
> 4. Media houses must employ and retrain qualified and ethical staff. There
> must be standards that ensure professionalism. Engineers, Doctors and
> others submit to standards that the media continues to dodge.
>
> 5. Kenya needs a Media Council "with teeth"...that will be a watchdog that
> acts in the interest of the public not as a affiliate lobby for Media
> Owners.
>
> The verdict should be a clear message to all of us in the media circles.
> It's time to look inwards and liberate the profession of journalism from
> the businessmen who own the media houses.
>
> Wainaina
>
>
>
>
> On 2/13/08, Wainaina Mungai <wainaina.mungai at gmail.com> wrote:
> >
> > Thanks Farida,
> >
> > We should not consider the presence of lessos in ballot boxes in Kajiado
> or Kamukunji as evidence that your story was true. The pre-marking or
> ballots and the lesso story are what would be considered mutually exclusive
> events. The use of lessos as indicator of accuracy is at the very least
> speculative. The fact that [it is possible] for an election to be stolen
> does not mean that and election [will be] stolen.
> >
> > For KTN/Standard, the more direct issues as you vouch for the integrity
> of your story would be:
> >
> > 1. Did you have [evidence] that the ballot boxes were stuffed with
> pre-marked ballot papers? or were you speculating because someone came
> forward as a "witness"?
> >
> >
> > 2. Do you believe that the killings of the Administration Police in
> Nyanza were a direct result of the story you authorised? If so, what have
> you done to at least console the families of the bereaved policemen?
> >
> >
> > 3. Did you have evidence that the Citi Hoppa buses that were carrying
> APs to various parts of the country were meant to be used for a rigging
> mission? and would you consider that your story was responsible for the
> burning of Citi Hoppa buses?
> >
> >
> > Most voters know that ballot boxes are checked before the start of
> voting and sealed infront of witnesses (agents, ECK officials etc).  It is
> therefore unlikely that rigging would only take place is unless there is an
> elaborate conspiracy involving [all] officials/agents at a polling station.
> >
> > Overall, the "vibes" KTN/Standard fraternity must contend with is not
> that they are a model of "free press" but that it is biased against the
> government or pro-ODM. The vibes stations such as Royal Media, Kameme and
> KBC contend with is that they have given Kenyans reason to be seen as
> pro-government/PNU. Those are the issues the press must address honestly
> and not hide behind tags and clichés such as 'press freedom' and 'muzzling
> the press'.
> >
> > NOTE: I work for a competing media house but that is not my motivation
> for the issues i have raised on KTN/Standard. I respect journalists for the
> effort that goes into writing even the simplest story. However, I am aware
> that media houses and journalists have continued to allow their political
> and other biases to influence the way they report stories.
> >
> > Wainaina
> >
> > On Feb 14, 2008 12:09 AM, Farida Karoney <fkaroney at ktnkenya.com> wrote:
> >
> > Wainaina
> > I personally authorised the story you are blaming KTN for and can vouch
> for the integrity of that report  any time. If indeed you believe it is not
> possible to steal an election, how come that ballot boxes were found with
> lessos, and election materials in some polling stations?
> >
> > We cannot resolve explosive issues by hiding or supressing  the truth,
> and no one is trying to exonerate the press. Let us not pretend that we do
> not know why we are where we are, it is definately not because of KTN or
> the Standard Group.
> >
> > And it is certainly  not  an academic excercise, afterall most of us do
> not have another place to call home except Kenya. Believe me, any Country
> which calls itself democratic must be able to live with a free press, no
> matter how much of a nuisance it is.
> >
> > By all means industry players need mechanisms to promote responsible
> behaviour in the media but aggression against media houses in light of the
> current political crisis is in my opinion misplaced.
> >
> > regards
> > Farida
> >
> >
> > ----- Original Message -----
> > From: Wainaina Mungai
> >
> > This message was sent to: wainaina at madeinkenya.org
> > Unsubscribe or change your options at
> http://lists.kictanet.or.ke/mailman/options/kictanet/wainaina%40madeinkenya.org
> >
>
>
>
> --
>
>
> On Sunday, March 30, 2014, Ngigi Waithaka <ngigi at at.co.ke> wrote:
> > 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.
> >>
> >> 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
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> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
> >
> >
> >
> > --
> > Regards,
> > Waithaka 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
> > <
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