Reprieve as court stops analogue TV switch-off

Millions of Kenyans have been handed a reprieve by a court judgment halting migration to digital broadcasting.

Justice Isaac Lenaola on Friday granted orders sought by the Consumer Federation of Kenya (Cofek) to push the migration to a date after the March 4 General Election.

He advised Cofek and the Communications Commission of Kenya (CCK) to agree on a date.

The judge proposed 60 days after the elections, but said the court would adopt any agreement by the parties.

The lobby group petitioned the court in December to stop the migration until the global deadline of 2015 and asked the court to issue an order conserving the situation before determination of the petition, which will be heard on February 20.

“A conservatory order is hereby issued preventing the respondents switching off analogue television signal transmission in Nairobi and/or any other part of the country pending hearing and determination of this petition,” Justice Lenaola ruled.

The judge said the communications regulator had submitted “powerful” arguments, but allowing the switch-off at election time would be unfair.

“It is not enough for the respondents to contend that they have fully sensitised the public and created awareness on the digital migration.

“It is equally not sufficient for them to allege that they have cushioned consumers by subsidising the cost of the set-top boxes,” the judge ruled.

Both the CCK and Cofek said they were happy with the decision. “I am happy because the courts did not completely stop the process until 2015,” Information permanent secretary Bitange Ndemo said.

“What Cofek needs to understand is that it is unfair to stand in the way of a policy that will affect the country positively,” he said.

“We need to follow our neighbours in Tanzania as soon as possible. Though they experienced hitches, they can’t go back now,” he said.

Cofek secretary-general Stephen Mutoro said: “The issue of timing and the cost of set-top boxes were our biggest concerns.”

He said the gadgets should not cost more than Sh1,000 following reports that the Treasury would subsidise them. He also said consumers should be given a one-year warranty and compensated should the kind of hitches experienced in Tanzania occur.

“We will be reasonable as we also want development. The judge proposed a deadline after the elections and we advocate October 31 this year,” he said.