Reprieve for viewers as court halts switch-off to digital TV

A digital TV. The High Court has issued interim orders stopping the migration to digital TV signal transmission in Nairobi, which had been scheduled for December 31 this year. Photo/FILE

What you need to know:

  • High Court Judge Isaac Lenaola directed the switch-off to be put on hold until January 11, when the ruling on the case filed by a consumer lobby will be delivered.
  • “We are starting with Nairobi, Nairobi has a large affluent population, they have more access to where they can watch television,” said Mohamed Nyaoga, appearing for CCK
  • “Kenyans are being pushed to a point of lifestyle, there is no evidence that Kenyans are complaining,” Cofek's lawyer said.

The High Court has issued interim orders stopping the migration to digital television in Nairobi, which had been scheduled for December 31 this year.

High Court Judge Isaac Lenaola directed the switch-off to be put on hold until January 11, when the ruling on the case filed by a consumer lobby will be delivered.

The Consumer Federation of Kenya (Cofek) moved to court on December 10, seeking to block the government from switching Nairobi from analogue television transmission to digital transmission.

“I grant the prayer until January 11th, 2013 when the ruling will be made,” said Justice Lenaola.

The court adjourned earlier in the morning to give counsels representing the applicants and the respondents to find out from their clients if it’s possible to switch off the digital and switch on depending on outcome of the ruling.

When the session resumed, the counsels representing the respondents agreed to the granting of the interim order to delay the switch-off pending the ruling.

Communication Commission of Kenya(CCK) argued in its response to the application that there are about estimated 200,000 to 300,000 television set holders in Nairobi and most of the city dwellers have access to multiple sources of information, ranging from radio, newspapers and the internet.

“We are starting with Nairobi, Nairobi has a large affluent population, they have more access to where they can watch television,” said Mohamed Nyaoga, appearing for CCK

The Commission further argued that Kenyans have been given ample time and the set-top boxes have been subsidised. It further urged the court to dismiss the application since it will create a culture of rushing to court in the last minute.

“We are creating a culture here, which if not careful can create a culture of last ‘minutism’,” said Nyaoga.

However, Cofek argued that Kenyans have not been given enough time to prepare for the switch off, saying that the first official notice was given on December 7, 2012.

“The prices of these gadgets are very high. So many Kenyans are below poverty line, Sh3,000 is very expensive,” Henry Kurauka, appearing for Cofek told the court.

“Kenyans are being pushed to a point of lifestyle, there is no evidence that Kenyans are complaining,” Cofek's lawyer said.

In a sworn statement filed in court, the minister for Information, Samuel Poghisio, said the East African communities have set 2012 as the target year for the completion of digital migration.
“Digital signal broadcast has already been received in Nairobi and its environs. It is thus untrue that any segment of the Kenyan population will be cut off from following or participating in important matter or events in the republic,” said Poghisio.

Although the global deadline is 2015, Kenya has a self-imposed deadline of 2013. The country plans to effect the change in Nairobi first before the rest of the country.

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