lawyer Paul Muite and Henry Kurauka inside a courtroom at Milimani Law Court today during digital migration case.
By SAM ALFAN
High Court Judge,Justice David Majanja is expected to make a determination whether to issue temporary orders to stop switching off of the Analogue signals to digital on 13 this month, pending full hearing of the case before the cour.
The three media house moved to court to challenge the decision by the government to switch off from analogue to digital
The judge will also determine whether he can handle the case and not refer it to a three judge bench as applied for by Senior Counsel Paul Muite, who represents the three media houses in court.
He Muite told the court that CCK has since written to the media houses of their plan to switch off their analog broadcasting signals by Friday and asked the court to allow room for the media firms to be heard before the switch off is done.
However, the Attorney General, the 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 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 proceeded by one judge.
According to infrotrak survey 64%of Nairobi resident are not ready for digital migration
New survey carried by infotrak research and consulting on digital migration for consumer federation of Kenya reveals that 64 percent of residents of Nairobi are not ready for the digital switch off with majority of the respondents coming from wealthy and educated social class.
The research was carried in 17constituncies in Nairobi 1,000 residents between the 7 and 30 of November .The cost of the set box and it monthly charges is challenges to the majority of the city resident
The case filed by three leading will be heard tomorrow.The government announced that on the 13th of next month it will switch from analogue to digital broadcasting starting with Nairobi County.
The court has directed the applicants to serve the interested parties by but lawyer Paul Muite told the court the parties did not serve him by Tuesday as the court directed and both were told to serve and file the endb of today and come tomorrow for hearing
Consumer Federation of Kenya COFEK and west media were allowed to be enjoined in the suit by the court despite objections by Communications Commission of Kenya lawyer Kilonzo Wambua who argued that COFEK should not be brought on board since they recorded a consent to withdraw the same matter in another court where they were required to negotiate with the cabinet secretary for Information and communications.
But lawyer representing COFEK told the court that the cabinet secretary backtracked in the negotiations process. And that the applications they are making is to revive the matter again.
COFEK will lay down the documents and the meetings they had with the cabinet secretary that failed to bear any fruits.
The three media houses are of the view that the Government has not yet put in place adequate measures to ensure availability of universal set-top boxes for receiving digital transmission country-wide.
The media houses moved to court last month seeking orders to stop the Government from affecting the Television Digital switch scheduled to take place on the 13th of December in Nairobi.
They say that they stand to suffer huge financial losses as a result of the switch if the Government proceeds with it as planned.
The media owners’ further avers that the December deadline if not extended more than 90%of the viewers will not be able to receive any broadcast on their TV sets as it was experienced in Tanzania. The matter will be heard tomorrow before the high court judge,justice David Majanja.