PHOTO | PHOEBE OKALL ICT Cabinet Secretary Fred Matiang’i (right) and CCK Chairman Ben Gituku (centre) address a Press conference in Nairobi on December 24, 2013. NATION
The government will Thursday midnight switch off analogue broadcasting signals in Nairobi and its environs in an exercise that could leave thousands of Kenyans unable to enjoy their favourite programmes.
Information, Communication and Technology Cabinet Secretary Fred Matiang’i on Tuesday said the decision was arrived at during the 76th meeting of the Digital Television Commission, the body charged with ensuring a smooth transition from the analogue to a digital platform, held earlier in the day.
“The analogue signal switch-off in Nairobi and its environs will now be effected on December 26, 2013 at 2359hrs,” Dr Matiang’i told a press conference in Nairobi.
It will affect Nairobi, Kiambu, Ngong, Ongata Rongai, Kitengela, Isinya, Kajiado, Athi River, Machakos, Thika, Makuyu, Kigumu Kerugoya, Githunguri and Embu.
“The rest of the country is not affected by this switch-off, hence consumers should continue receiving analogue TV signals until such time they shall be switched off,” he said.
The switch-off comes two days after the High Court dismissed a petition filed by three media houses— Nation Media Group, Royal Media Services and Standard Media Group— seeking to delay the migration.
Mr Justice David Majanja threw out the petition on Monday, saying they had failed to prove how the migration was flawed or how it would violate their rights if effected.
GREENLIGHT
The ruling gave the Communications Commission of Kenya the greenlight to effect the switch-off that was earlier planned to take place on December 13.
“Migration of the broadcasting platform from analogue to digital was consultative and participatory and in line with Kenya’s international obligations,” judge Majanja ruled on Monday.
Following the ruling, the three media houses switched off their signals and pulled their programmes out of the digital platforms.
Making the announcement yesterday, a tough-talking Matiang’i said the three media houses would face the “stiffest regulatory action including possible license withdrawals” for going against the conditions of their licences.
“Spectrum is a national resource and it must be used according to the law. We are consulting with our legal officers and state law office to determine the regulatory action we take against the licensees. What I can assure you is that will be the stiffest action possible,” Dr Matiang’i said.
Nairobi residents will now have to buy et-top boxes— gadgets that convert digital TV signal into a format that can be decoded by analogue TV sets— to enjoy their favourite programmes.
Consumer lobbies have complained that the cost of the gadgets, which go for around Sh4,000, is too high for most Kenyans, who already financially constrained.
Dr Matiang’i said the government was confident of the availability of the gadgets in Nairobi, adding that there are currently more than 1.1 million in the market.
The decision could, however, be overturned if the Court of Appeal reverses Justice Majanja’s decision when its sits on Friday.
Through senior counsel Paul Muite, the three media houses filed an urgent suit to overturn the judgment in the appellate court on Tuesday and the matter was certified as urgent by Justice Patrick Kiage.
They argued that, in his ruling, Justice Majanja completely misunderstood the constitutional issues and failed to be guided by the authorities cited to him and consequently arrived at the wrong decision, which contravenes provisions of the Constitution on media freedom.
The analogue-to-digital shift was conventionally agreed upon at the Radio Communication Conference (RRC) held in Geneva under the sponsorship of the International Telecommunications Union in May 2006 and the global cutover date for the migration is June 2015.
But back home, Kenya ambitiously backdated the switchover deadline to June 2012.
However, lack of affordable set-top boxes has remained a stumbling block to this process.
By CHARLES WOKABI
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