Star Times, Zuku will not air World Cup

The High Court has issued an injunction stopping two digital television companies from airing the World Cup matches.

Star Times Media and Wananchi Group (Zuku) Limited were taken to court by The Kenya Broadcasting Corporation (KBC) for airing the World Cup matches without authorisation.

In a 47-page ruling, High Court Judge Justice Eric Ogolla on Wednesday restrained the two digital content providers from airing or promoting the World Cup until the matter is heard and determined.

Justice Ogolla noted the arguments by both parties.

Through Ogeto and Company advocates, KBC said they would lose billions of money if other broadcasters were not stopped.

While issuing the injunction, Justice Ogolla said: “There’s a prima facie case established by the applicant. The applicant would lose goodwill from FIFA and therefore, the public will not watch the World Cup from the TV station.”

The court’s decision means that TV viewers will only be able to watch free-to-air channels (analogue) platform from KBC pending the determination of the matter.

KBC has accused the two digital TV service providers of hacking into its signals and airing the matches.

The two companies, the court further heard, put up running advertisements in the local dailies encouraging the public to buy their decoders and watch the games.

Justice Ogola noted that KBC stands the risk of losing the goodwill of FIFA and with it the licence which would mean that the public would not be able to watch the matches.

The judge stated that the balance of convenience would be tilted as there would be no ‘free to air’ matches once FIFA withdraws KBC’s licence.