We will obey court decision on migration, says CS Fred Matiang’i

The government will obey a court order directing it to postpone digital TV migration until September, Information Cabinet Secretary Fred Matiang’i has said.

But Dr Matiang’i cautioned that implementing the orders would have “serious consequences” in the communication sector. He is, however, ready to hold talks with stakeholders to resolve the matter.

Among the consequences would be the cancellation of licences to telecommunication companies and media houses, said the Cabinet Secretary.

And although he maintained that the government would still move to the Supreme Court to challenge the order, it will obey the Appeal Court ruling.

“After consulting with the Attorney General and my legal team, I have decided to implement the order,” Dr Matiang’i told the Nation in his office on Thursday.
Media owners insist that they are ready to hold unconditional talks over the matter.

“We have never been opposed to dialogue. Our position has always been that we want a level-playing field where local investment in the broadcast industry is respected just like others,” said Royal Media Services chief executive Wachira Waruru.

INVITE FRESH BIDS

The court last Friday pushed the digital migration to September and ordered the government to invite fresh bids for the signal distribution licences.

The government was also ordered to give a signal distribution licence to the three media houses- Nation Media Group, the Standard Group and Royal Media — which had sued the government.

The court also set the stage for the disbandment of the government-controlled Communications Authority of Kenya (CAK), (previously known as Communications Commission of Kenya) whose composition the judges declared unconstitutional.

The judges ruled that the award of the licences by CAK was illegal because it was not an independent entity as required by the Constitution.

The Constitution provides for the establishment of an independent body, which will not be controlled by the government or any political or commercial interests.

And it is this section of the ruling that Dr Matiang’i had an issue with, saying it would have “shocking” effects.

“The court while ruling that the commission is unconstitutional indicated that all licences the commission has issued since 2010 to last Friday are illegal.

“The effects are shocking,” he said.

LOCAL CONTENT

Dr Matiang’i, while striking a reconciliatory tone, said beginning Monday next week, he would hold consultative forums with stakeholders.

“I am ready to negotiate with media owners on the way forward,” he said.

But he accused media owners of dishonesty.

“Research has shown that our local media takes up only 10 per cent of the content produced in the country but with digital migration, we will be able to release the spectrum and more local shows will be aired.” (READ: Media chiefs propose dialogue)

However, Mr Waruru denied the claims, saying the percentage of local content keeps on rising.

“I do not know where he got those statistics. But we should not mix issues here. If the government wants more local content, it should not strangle these investments. Local investments cannot just be dismissed.

It is ironic that the same person who issued a statement in defence of foreign players is the one decrying lack of local content,” noted the Royal Media boss.