State: Postponing digital move breach of deal

Nairobi, Kenya: The Communications Authority of Kenya (CA) has said it is not possible for the digital migration to be moved to a date beyond June 17 next year as Kenya had ratified the International Telecommunication Union's agreement.

The Supreme Court heard this when it began hearing a case that would finally determine the direction the country takes in the much-awaited digital television migration.

Seven judges led by the President of the Court Willy Mutunga began the three-day hearing of an appeal by the CA challenging a Court of Appeal directive that the Government gives digital licences to three media houses.

The CA wants the Supreme Court to overturn the decision, arguing that the lower court went out of its legal mandate in making the directive. The Court of Appeal erred in cancelling an award to Pan Africa Network Group (PANG) as the digital signals distributor, the authority submitted.

Lawyer Wambua Kilonzo, representing the CA, said union member parties would have to meet again to push the date forward which was not possible at the moment.

"The countries involved will have to convene another conference in order to change the rules. Kenya is not among the countries that were exempted to switch off analogue mode by June 17. This is a process that was agreed on and Kenya is bound by the agreement," Wambua told the court.

Last year, Court of Appeal judges Roselyne Nambuye, Daniel Musinga and David Maraga ordered the State to give Standard Group, Royal Media Services and Nation Media Group digital licences similar to that awarded to PANG and national broadcaster, KBC's subsidiary, Signet.

The media houses had asked to be awarded equal shares in the stake to enable them regulate and air broadcast content under their own platforms.

Submitting before the same bench, Fred Ojiambo said the decision by the CA to issue licences during its transition period was valid saying the Appellate court's finding did not appreciate that a void would have been created had the commission stopped functioning immediately the Constitution was promulgated.

The team representing the Government is led by Ojiambo, Wambua Kilonzo and Njoroge Mwangi while the three media houses are represented by Paul Muite, Philip Murgor, Kiragu Kimani and Issa Mansur.