Supreme Court to hear digital TV case
The Supreme Court of Kenya in Nairobi. PHOTO | ANN KAMONI
What you need to know:
- The media houses got went to the Court of Appeal where Judges Roselyn Nambuye, David Maraga and Daniel Musinga ruled that CCK was not the right body to issue digital broadcast licences and cancelled those issued to Pan African Network Group Kenya .
- Chief Justice Willy Mutunga will preside over the hearings with his deputy Lady Justice Kalpana Rawal joined by Judges Philip Tunoi, Jackton Ojwang, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u.
The stage is set for a three-day legal battle at the Supreme Court over the proposed migration from analogue to digital television broadcast.
A full bench of the top most court will from Wednesday to Friday hear an appeal by the Attorney General, the Communication Authority of Kenya and two foreign media channels challenging a judgment by the Court of Appeal directing the government to give digital licences to three local media houses.
EAGERLY AWAITED
The fight for digital licences has gone through the three major court divisions with the final decision of the Supreme Court being eagerly awaited by media stakeholders and the public.
It started in October last year when the Nation Media Group, Royal Media Services and Standard Media Group filed a petition at the High Court against the proposed switch to digital television broadcast.
Mr Justice David Majanja dismissed the petition and gave the government the green light to proceed and switch-off analogue television TV stations.
The media houses got went to the Court of Appeal where Judges Roselyn Nambuye, David Maraga and Daniel Musinga ruled that CCK was not the right body to issue digital broadcast licences and cancelled those issued to Pan African Network Group Kenya .
They ordered the Government to give the three media houses digital licences and stopped the Chinese owned Startimes Television network and GoTv Limited from rebroadcasting programmes generated by the three .
The AG, CA, Startimes and GoTv Limited however contested the decision at the Supreme Court, saying the Appellate Judges misinterpreted the constitution in arriving at the findings and that they had compromised Kenya’s obligation to the international digital convention.
They argued that the judges had exceeded their powers since the court had no power to grant broadcast licences to media houses.
Chief Justice Willy Mutunga will preside over the hearings with his deputy Lady Justice Kalpana Rawal joined by Judges Philip Tunoi, Jackton Ojwang, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u.
