Following a court petition filed on the 26th of November by media houses; Nation Media Group, Standard Media Group and Royal Media Services against Communications Commission of Kenya (CCK), the High Court has suspended the switch from analogue to digital to December 23rd.
The suspension by Justice David Majanja is to allow determination of the suit hence scrapping of Nairobi’s digital migration supposed to take effect Friday 13th 2013. The media houses accuse the Communications Commission of Kenya (CCK) of locking them out of the digital migration process and granting exclusive rights to local pay-TV channels to oversee the digital migration.
The ruling to be made on the 23rd will determine when the migration will take place. Justice Majanja dismissed the application seeking a three-judge bench due to lack of tangible constitutional questions.
“In my view, I can handle the petition and any party that is aggrieved can move to the appeals court as provided by the law,” ruled Justiced Majanja .
Speaking at the hearing, Paul Muite the media houses’ lawyer said Star Times is alleged to have issued 5% of their shareholding to government officials in exchange of obtaining licensing unfairly according to Nation Media Group’s CEO Linus Gitahi’s sworn statement , which was objected by the Star times lawyer saying they had followed due process.
CCK locked out two media houses- Nation Media and Royal Media in the process due to lack of 500,000 bond which Muite termed as ridiculous saying the two houses cannot lack the amount of money even in cash.
Cofek also highlighted on the wrong timing pointing out the Kenya@50 celebrations at large as well as Madiba’s funeral requiem mass and eventual burial of the world’s icon which would deny Kenyans right to information.