Judge David Majanja to rule on whether to stop analogue signal cut off for Nairobi

Lawyer Paul Muite Monday while representing three media houses challenging the planned switch from analogue to digital broadcasting. [PHOTO: GEORGE MULALA/STANDARD]

By KURIAN MUSA

NAIROBI, KENYA: Justice David Majanja is expected to rule on whether to issue temporary orders to stop analogue broadcasting signal switch off scheduled Friday pending full hearing of a case before the court.

The judge will also determine whether he can handle the case and not refer it to a three-judge bench as applied by Senior Counsel Paul Muite, who represents three media houses that have contested the changeover at the High Court.

Mr Muite told the court yesterday the switch off raises fundamental constitutional issues and it is a matter of great public interest.

“We really wish you give us an opportunity to be heard before the switch off,” said Muite.

DELAY TACTIC

The lawyer said Communication Commission of Kenya (CCK) has since written to the media houses on their plan to switch off analogue broadcasting. He asked the court to allow room for the media firms to be heard before the switch off is done.

However, Attorney General, Ministry of Information, Communications and Technology, Signet Kenya Limited, Star Times and all other respondents in the case objected to the petitioners’ application to have the case heard before a three-judge bench.

They termed the move as a ‘waste of time and delay tactic’ and asked the judge to have the case heard by one judge.

But Justice Majanja told Muite to file supplementary affidavit to the effect that the counsel had sought leave to respond to the affidavits filed by the respondents in the case.  “File the supplementary affidavit and serve the respondent by close of business today and send them to me,” said Justice Majanja.

CCK Director Francis Wangusi in his replying affidavit said a migration taskforce report recommended that the migration be undertaken in three phases.

“First there will be the digital switch on, then the simulcast period and finally the analogue switch off,” read the affidavit.

Mr Wangusi said the termination of analogue transmission would not occur before all households can receive digital signals and have digital receivers.

He further responded, “the petitioners’ petition is driven by their ardent desire to protect their commercial interests and not protection of consumers”.

CCK said it has not licensed five digital signal distributors as alleged and no evidence of the same has been laid before the court.

CONSERVATORY ORDER

“Failure to obtain a digital signal distribution licence does not and cannot render meaningless a party’s ability to broadcast on a digital platform,” read the response.

The commission is against the suspension of the Nairobi switch off arguing, “the switch off on December 13 only affects Nairobi and not the entire country”.

CCK holds that by granting conservatory orders, the “court would negate the performance of the Republic of Kenya’s obligations under the Final Acts of RRC-06”.