Lobby sues over plan to switch off analogue TV sets
The Nairobi region is expected to switch from analogue to digital broadcast by December 31, 2012.
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The case is scheduled for inter-parties hearing next Monday after Mr Justice Isaac Lenaola certified it as urgent.
The lobby group argues that the notice for consumers to acquire the set-top boxes was too short given other demands such as Christmas spending and school fees in January.
In a separate statement sent to the newsroom, Cofek said that the planned switch-off would deny an estimated 1.5 million viewers in Nairobi and its environs access to television in the run up to the General Election.
The planned analogue television switch-off by the government faces a new hurdle after a lobby group moved to court challenging the decision.
The Consumers Federation of Kenya (Cofek) filed a case under certificate of urgency seeking orders to prevent government from effecting the switch-off.
“This honourable court do and hereby grants conservatory orders to prevent the respondents from switching off analogue television signal transmission in Nairobi and/or any other part of the country on December 31 until 2015 in line with the global deadline pending the hearing and determination of this application,” states Cofek in its petition.
The case is scheduled for inter-parties hearing next Monday after Mr Justice Isaac Lenaola certified it as urgent.
The Ministry of Information and Communications had earlier announced that it would switch off the analogue television transmission in Nairobi on December 31.
The petition lists Information and Communications minister, Attorney General and Communications Commission of Kenya (CCK) as the respondents.
The lobby group argues that the notice for consumers to acquire the set-top boxes was too short given other demands such as Christmas spending and school fees in January.
Cofek claims that the respondents’ intention to switch off analogue television transmission signal contravenes the doctrine of public participation embraced under Article 10 of the Constitution.
It said that the government decision discriminates against Kenyans who cannot afford set-top boxes and hence was in breach of the law.
“The respondents have failed to address the need to offer subsidy on the se-top boxes to ease the consumer burden,” said Cofek. It added that many Kenyans would not afford to buy the set-top boxes whose cost is estimated at between Sh2,500 and Sh5,300.
The petitioner said that switching off analogue signals ahead of the global deadline lacks legal, economic and moral basis, adding that the Digital Television Committee, which is spearheading the move, did not have any consumer representative.
The petition also says broadcast media would incur losses if the switch-off is effected.
“The broadcast media stand to lose business as a result of reduced viewership if the said respondents’ decision is implemented,” states Cofek secretary-general Stephen Mutoro in a sworn affidavit.
In a separate statement sent to the newsroom, Cofek said that the planned switch-off would deny an estimated 1.5 million viewers in Nairobi and its environs access to television in the run up to the General Election.
