11 April 2014

Kenya: Court Bars CCK From Switching Off Analogue Signal

THE Communication Commission of Kenya has been stopped from switching any analogue broadcast frequency. In a decision, the Supreme Court also stopped pay TV companies -Signet Kenya, Star Times Media, Pan Africa Network Group and GoTv Kenya Limited from broadcasting signals from KTN, NTV and Citizen, without their consent.

The three media houses had complained that the pay-TV companies were rebroadcasting their signals without permission or compensation. Justices JB Ojwang and Smokin Wanjala also suspended a directive of the Court of Appeal which ruled that CCK should not spearhead the digital migration.

Those against CCK doing the job argue that the government should instead enact a Broadcasting Bill to create an independent broadcasting authority to spearhead digital migration instead of leaving it to the CCK which is part of government.

The regulator had pleaded with Supreme Court to intervene and halt the Appeal Court there is "risk of a regulatory void in the Information and Communications Technology" in Kenya, which will have an impact on parties who are not part of the case.

In its suit papers, CCK says the Court of Appeal acted in excess of jurisdiction and infringed on its mandate when it set a new September 30 deadline for the migration. The commission faults the judgment saying it contains errors in the interpretation of Constitution.


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