How media stations fought over World Cup

By Wahome Thuku

Two former managers recalled how four media houses clashed over the rights to televise the 2010 Fifa World Cup South Africa hosted last year.

The deal led to the sacking of Kenya Broadcasting Corporation (KBC) Managing Director David Waweru and the Corporation Secretary Hezekiel Oira. The two are now charged with failing to comply with the procurement law by directly procuring contracts with Fifa and African Union of Broadcasters (AUB) without approval of the Central Tender Committee.

They face two other charges of failing to comply with the law by directly procuring contracts with Radio Africa and Royal Media Services to co-host the World Cup tournament in June and July, last year.

The clash involved Nation Media Group (NMG), KBC, Radio Africa and Royal Media Services. NMG Television General Manager Victor Ngei told a Nairobi court that they approached KBC for negotiations on how to co-host the tournament.

KBC had been awarded exclusive rights by Fifa and AUB to televise the event. The rights are traditionally awarded to national broadcasters.

"We met Waweru at a hotel with my CEO Linus Gitahi," Ngei told Principal Magistrate Lucy Nyambura.

"He appreciated the idea and referred us to KBC Programming Manager Monica Waceke."

After further discussions, Waceke sent NMG a quotation of Sh100 million cash payment and another of Sh50 million for airtime and newspaper space. The company made a counter-offer of Sh40 million cash and Sh10 million airtime and space.

Further negotiations were held but on February 5, last year, Waweru wrote to NMG stating that their offer had been rejected, as it was too low for their objectives.

Complaint

"Later we learned informally that KBC had entered into an agreement with Radio Africa, owners of Kiss Radio and TV to co-host the tournament," Ngei told the court. He said they complained to the Ministry of Information after being short-changed.

Ngei, who was led through evidence by Senior State Counsel Edwin Okelo, said throughout the negotiations, they only met Waweru once and always dealt with Waceke and then Editor-in-Chief Waithaka Waihenya, now managing director.

KBC board chairman Charles Muoki, a lawyer, told the court he signed a copy of the agreement between KBC, Fifa and AUB dated May 4, 2009. Waweru also signed for KBC, and Oira as AUB legal advisor.

On June 9, last year, Radio Africa raised complaints and protests after learning that KBC had signed a similar deal with Royal Media Services, owners of Citizen Radio and TV.

Defence lawyers will cross-examine Muoki this morning.