Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Dear all; I have been following the robust debate here since the Court ruling and Cofek's response, and i'm impressed by the quality of arguements put forth. Let me declare my interest, I'm an editor at the NMG, but i speak here in my private capacity. Im also a consumer of television broadcasts. But so are you all kictanetters, you're both interested parties in this matter of digital migration, as well as consumers of TV broadcasts. Unfortunately, i find your take on this matter elitist, completely biased and humanly selfish. You forget that a court of law makes judgement after weighing all interests at stake, and is ultimately guided by the letter of law, and the public interest. The major media houses have not at all been against digital migration. They have only been against the hurried manner in which the process has been pushed through by the CCK, and the less than transparent award of licenses to third parties to the contemptous exemption of the major broadcasters and investors in the industry. Ladies and gentlemen, from you posh houses and offices in upmarket Nairobi estates you forget that KSh5,000 is a fortune for most Kenyan households, which cannot be spent on a set top box while there are other most pressing basic needs. This is a reality that even rich economies like the USA chose not to run away from, and they issued vouchers for digital boxes for those households that couldn't afford them. Their migration had to be postponed severally to ensure no household was left behind. What happened even to the proposal to scrap taxes on these boxes, which could have halved the cost? Have you, kictanetters, in your eagerness to make a quick buck from the new digital world, forgotten that more than half of kenyans live on less than Sh105 ($1.25) per day, yet they also crave for and have a right to watch TV? what the court of appeal found was a CCK bent on bulldozing a critical process, and ruled that on a balance, it would hurt public interest more to continue than to pause, be more consultative and carry everyone on board like the civilised and accomodative society that Kenya is supposed to be. Rgds, --WG -----Original message----- From: Network of non- formal Educational institutions Sent: 30/03/2014, 9:19 am To: wgikunju@gmail.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response Dear ALL It is very sad indeed. As a major stakeholder, I think the courts did not balance. It looked more on the purported injustice of the major media houses and ignored the broader goal of digital migration. With regards to CCK all government institutions are moving towards complying to the constitution. And CCK will pass over the work and programs they have been implementing to the new body once it is formed in a smooth process that will not destroy the gains so far. What the courts have done is destroying all gains through this. I have a feeling that very many Kenyans and professionals/institutions have very little knowledge on Digital migration. The courts included. CCK should offer a sensitization/ awareness forum on Digital migration to judges. The consumers have lost because what the major media may do is to have all the channels they would think of just as they have done on radio. The consumer will miss diversity in content and programing. How about young and upcoming medai houses. Will they ever have a chance in the meddial of these major houses. Talk of monopoly by the major houses that would always want to keep the status quo Jane On Sunday, March 30, 2014 6:51 AM, Ali Hussein <ali@hussein.me.ke> wrote: Bernard Don't bet on it. Unfortunately I'm coming to a sad conclusion regarding the judiciary. In its attempt to show how 'independent' it is we are seeing a move towards an 'activist judiciary' which negates the very reason why we went through such a painful reform process in the judiciary. All I can say now is GOD HELP KENYA. Ali Hussein +254 0770 906375 / 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad On Mar 29, 2014, at 11:57 AM, "Bernard Kioko [Bernsoft Group]" <bkioko@bernsoft.com> wrote: David, You have summarized it well. Perhaps the benefit of what happened yesterday is that at the Supreme Court, sanity will carry the day without the option of going to any other court thereafter. It appeared to me like that’s the “the plan” . Then again, is this wishful thinking on my part. Regards From:kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of David Makali Sent: Saturday, March 29, 2014 11:40 AM To: bkioko@bernsoft.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response The court exceeded its mandate and sowed more confusion: 1. By legitimizing the expectation of the media owners for a license and proceeding to grant it one uncompetitively. So, why did the const require vetting of judges who were in office by 2010? They had a legitimate expectation to continue working into pensionhood, having held their positions for years. The pt: the constitution erased all preferential expectations and set a new standard because of grievances over legitimacy and competence of the status quo. In the case of ICT/ broadcasting, similar questions lie over the evenness of the ground. The "competitive" standard in the award of any public resource or positions is to address such issues. 2. By simply voiding the rights of PANG which had been issued a license pursuant to a competitive process, however conducted by an "illegal" cck, and disregarding the injustice and financial consequences of such a decision. Why uphold the rights of one party and extinguish the rights of others? The court's Sympathy only seemed to lie on one side for which it poured out its heart generously, but totally ignored the rights of Pang and its subscribers. A middle ground position, recognizing the predicament of the current media investors and a suitable remedy to the injustice it found committed against them by cck would have sufficed to put the country on a forward footing. But this? The next Destination seems to be the Supreme Court, which am afraid is going to be choking soon with many unnecessary petitions, thanks to the court of appeal's contestable strokes of justice. Pang, a subscriber, another investors, or even "cofek's" unrecognized consumers have more than enough ground the way I see it. 3. By failing to admonish the govt for its confused policy (chaotic really) and confirming how dangerous it is to invest n this country, in ict particularly, because it has protected investors, and others are secondary regardless of the processes, which are now routinely reversed. This is official mail. If you doubt the content, call back on +254722517540. On Mar 29, 2014, at 10:15 AM, Dennis Kioko <dmbuvi@gmail.com> wrote: Very interesting Grace.
Was the court well versed on the whole digital migration process, spectrum and the fact that spectrum is a resource that belongs to all Kenyans, and not a few organisations?
On Saturday, 29 March 2014, Grace Githaiga <ggithaiga@hotmail.com> wrote: @Kioko, I quoted this sentence because I just didnt believe that a court of law can disregard the fact that there are rules to tendering processes. Inaonekana mambo ni yale yale!
“An independent body should therefore give them a licence without going through the tender process provided they comply with the regulations,” Mr Justice Maraga said.
________________________________
Date: Sat, 29 Mar 2014 09:26:13 +0300 From: dmbuvi@gmail.com Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
The court ruling as reported in the Daily Nation article is quite confusing.
First, the court is asking the government to reimburse PANG and StarTimes for their licensing fee and investments. How much will this cost the tax payer?
Second, the court in supporting its ruling, says media owners have invested a lot and they shouldn't lose their investment. The media owners will still lose their investment as digital broadcasting is a new technology that requires new infrastructure - perhaps the only infrastructure that can be reused is the towers.
Third, is the court implying that licenses issued by CCK are unconstitutional? On Sat, Mar 29, 2014 at 8:14 AM, Ali Hussein <ali@hussein.me.ke> wrote: Listers Lets step back and ask a few fundamental questions:- 1. How has CAK contravened the constitution in regards to the digital migration. 2. How does this affect the country in the scheme of things in relation to the global move to digital migration. 3. How does it benefit the consumer when we continue to perpetuate a status quo in the media space where a few big boys muscle out everyone? Maybe Consumer Federation can expound on this. 4. How can we ensure going forward that the tendering processes are air-tight and can withstand frivolous suits. In light of what happened to the laptop tender we must ask a fundamental question: IS THIS GOVERNMENT SETTING ITSELF UP TO FAIL IN THE OCT SECTOR? Ali Hussein +254 0770 906375 / 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad
On Mar 29, 2014, at 1:53 AM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
http://www.nation.co.ke/news/Victory-for-Kenyans-as-judges-halt-rush-to-digi... “An independent body should therefore give them a licence without going through the tender process provided they comply with the regulations,” Mr Justice Maraga said. Really? How now?
________________________________
From: jgmbugua@gmail.com Date: Fri, 28 Mar 2014 23:36:37 +0300 Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Idiocy of the highest order. There is no win here only delay of the inevitable and stifling of innovation and investment.
Multichoice is certainly a winner.
________________________________
From: Consumers Federation of Kenya (COFEK)<
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.co... The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- with Regards: blog.denniskioko.com
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KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
________________________________ This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com _______________________________________________
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/nnfeischools%40yahoo.c... The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
But Mr Wagikunju what you say is absolutely true. But it will still be true whether digital migration is done in 2014 or 2024. On Sun, Mar 30, 2014 at 1:11 PM, wgikunju@gmail.com <wgikunju@gmail.com>wrote:
Dear all; I have been following the robust debate here since the Court ruling and Cofek's response, and i'm impressed by the quality of arguements put forth. Let me declare my interest, I'm an editor at the NMG, but i speak here in my private capacity. Im also a consumer of television broadcasts. But so are you all kictanetters, you're both interested parties in this matter of digital migration, as well as consumers of TV broadcasts. Unfortunately, i find your take on this matter elitist, completely biased and humanly selfish. You forget that a court of law makes judgement after weighing all interests at stake, and is ultimately guided by the letter of law, and the public interest. The major media houses have not at all been against digital migration. They have only been against the hurried manner in which the process has been pushed through by the CCK, and the less than transparent award of licenses to third parties to the contemptous exemption of the major broadcasters and investors in the industry. Ladies and gentlemen, from you posh houses and offices in upmarket Nairobi estates you forget that KSh5,000 is a fortune for most Kenyan households, which cannot be spent on a set top box while there are other most pressing basic needs. This is a reality that even rich economies like the USA chose not to run away from, and they issued vouchers for digital boxes for those households that couldn't afford them. Their migration had to be postponed severally to ensure no household was left behind. What happened even to the proposal to scrap taxes on these boxes, which could have halved the cost? Have you, kictanetters, in your eagerness to make a quick buck from the new digital world, forgotten that more than half of kenyans live on less than Sh105 ($1.25) per day, yet they also crave for and have a right to watch TV? what the court of appeal found was a CCK bent on bulldozing a critical process, and ruled that on a balance, it would hurt public interest more to continue than to pause, be more consultative and carry everyone on board like the civilised and accomodative society that Kenya is supposed to be. Rgds, --WG -----Original message----- From: Network of non- formal Educational institutions Sent: 30/03/2014, 9:19 am To: wgikunju@gmail.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Dear ALL
It is very sad indeed. As a major stakeholder, I think the courts did not balance. It looked more on the purported injustice of the major media houses and ignored the broader goal of digital migration.
With regards to CCK all government institutions are moving towards complying to the constitution. And CCK will pass over the work and programs they have been implementing to the new body once it is formed in a smooth process that will not destroy the gains so far. What the courts have done is destroying all gains through this.
I have a feeling that very many Kenyans and professionals/institutions have very little knowledge on Digital migration. The courts included. CCK should offer a sensitization/ awareness forum on Digital migration to judges.
The consumers have lost because what the major media may do is to have all the channels they would think of just as they have done on radio. The consumer will miss diversity in content and programing. How about young and upcoming medai houses. Will they ever have a chance in the meddial of these major houses. Talk of monopoly by the major houses that would always want to keep the status quo
Jane
On Sunday, March 30, 2014 6:51 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Bernard
Don't bet on it. Unfortunately I'm coming to a sad conclusion regarding the judiciary. In its attempt to show how 'independent' it is we are seeing a move towards an 'activist judiciary' which negates the very reason why we went through such a painful reform process in the judiciary.
All I can say now is GOD HELP KENYA.
Ali Hussein
+254 0770 906375 / 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com
"I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad
On Mar 29, 2014, at 11:57 AM, "Bernard Kioko [Bernsoft Group]" < bkioko@bernsoft.com> wrote:
David,
You have summarized it well.
Perhaps the benefit of what happened yesterday is that at the Supreme Court, sanity will carry the day without the option of going to any other court thereafter. It appeared to me like that's the "the plan" . Then again, is this wishful thinking on my part.
Regards
From:kictanet [mailto:kictanet-bounces+bkioko= bernsoft.com@lists.kictanet.or.ke] On Behalf Of David Makali Sent: Saturday, March 29, 2014 11:40 AM To: bkioko@bernsoft.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
The court exceeded its mandate and sowed more confusion:
1. By legitimizing the expectation of the media owners for a license and proceeding to grant it one uncompetitively. So, why did the const require vetting of judges who were in office by 2010? They had a legitimate expectation to continue working into pensionhood, having held their positions for years. The pt: the constitution erased all preferential expectations and set a new standard because of grievances over legitimacy and competence of the status quo. In the case of ICT/ broadcasting, similar questions lie over the evenness of the ground. The "competitive" standard in the award of any public resource or positions is to address such issues.
2. By simply voiding the rights of PANG which had been issued a license pursuant to a competitive process, however conducted by an "illegal" cck, and disregarding the injustice and financial consequences of such a decision. Why uphold the rights of one party and extinguish the rights of others? The court's Sympathy only seemed to lie on one side for which it poured out its heart generously, but totally ignored the rights of Pang and its subscribers. A middle ground position, recognizing the predicament of the current media investors and a suitable remedy to the injustice it found committed against them by cck would have sufficed to put the country on a forward footing. But this? The next Destination seems to be the Supreme Court, which am afraid is going to be choking soon with many unnecessary petitions, thanks to the court of appeal's contestable strokes of justice. Pang, a subscriber, another investors, or even "cofek's" unrecognized consumers have more than enough ground the way I see it.
3. By failing to admonish the govt for its confused policy (chaotic really) and confirming how dangerous it is to invest n this country, in ict particularly, because it has protected investors, and others are secondary regardless of the processes, which are now routinely reversed.
This is official mail. If you doubt the content, call back on +254722517540.
On Mar 29, 2014, at 10:15 AM, Dennis Kioko <dmbuvi@gmail.com> wrote: Very interesting Grace.
Was the court well versed on the whole digital migration process,
spectrum and the fact that spectrum is a resource that belongs to all Kenyans, and not a few organisations?
On Saturday, 29 March 2014, Grace Githaiga <ggithaiga@hotmail.com> wrote: @Kioko, I quoted this sentence because I just didnt believe that a court
of law can disregard the fact that there are rules to tendering processes. Inaonekana mambo ni yale yale!
"An independent body should therefore give them a licence without going
through the tender process provided they comply with the regulations," Mr Justice Maraga said.
________________________________
Date: Sat, 29 Mar 2014 09:26:13 +0300 From: dmbuvi@gmail.com Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
The court ruling as reported in the Daily Nation article is quite confusing.
First, the court is asking the government to reimburse PANG and StarTimes for their licensing fee and investments. How much will this cost the tax
Response payer?
Second, the court in supporting its ruling, says media owners have
invested a lot and they shouldn't lose their investment. The media owners will still lose their investment as digital broadcasting is a new technology that requires new infrastructure - perhaps the only infrastructure that can be reused is the towers.
Third, is the court implying that licenses issued by CCK are
unconstitutional?
On Sat, Mar 29, 2014 at 8:14 AM, Ali Hussein <ali@hussein.me.ke> wrote: Listers
Lets step back and ask a few fundamental questions:-
1. How has CAK contravened the constitution in regards to the digital
migration.
2. How does this affect the country in the scheme of things in relation
to the global move to digital migration.
3. How does it benefit the consumer when we continue to perpetuate a
status quo in the media space where a few big boys muscle out everyone? Maybe Consumer Federation can expound on this.
4. How can we ensure going forward that the tendering processes are
air-tight and can withstand frivolous suits. In light of what happened to the laptop tender we must ask a fundamental question:
IS THIS GOVERNMENT SETTING ITSELF UP TO FAIL IN THE OCT SECTOR?
Ali Hussein
+254 0770 906375 / 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com
"I fear the day technology will surpass human interaction. The world will
have a generation of idiots". ~ Albert Einstein
Sent from my iPad
On Mar 29, 2014, at 1:53 AM, Grace Githaiga <ggithaiga@hotmail.com>
wrote:
"An independent body should therefore give them a licence without going
Really? How now?
________________________________
From: jgmbugua@gmail.com Date: Fri, 28 Mar 2014 23:36:37 +0300 Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
Response
CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Idiocy of the highest order. There is no win here only delay of the inevitable and stifling of innovation and investment.
Multichoice is certainly a winner.
________________________________
From: Consumers Federation of Kenya (COFEK)< _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.co... Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for
http://www.nation.co.ke/news/Victory-for-Kenyans-as-judges-halt-rush-to-digi... through the tender process provided they comply with the regulations," Mr Justice Maraga said. people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- with Regards:
blog.denniskioko.com
_______________________________________________
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
________________________________
This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below.
Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com _______________________________________________
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
@wagikunju, You seem to be , in a futile attempt at fitting a square peg in a round hole, shooting your own feet. If CCK were responsible for VAT setting and VAT exemption, they would determine the price of the set top boxes. And given the kind of influence the media houses wield (given the absurdly over-reaching ruling), they would five years ago have lobbied for VAT exemption of the STBs. I guess it is also not lost to these "elitists" that once you are one (and only one) in 200+ channels to chose from your competitive advantage is moot. Therein lies the real reason for these heavy "investments" to "protect the consumer". Why do i have a feeling that even an independent distributor would still not be acceptable unless these companies own a piece of it? Sent from my iPad
On Mar 30, 2014, at 1:26 PM, "Rad!" <conradakunga@gmail.com> wrote:
But Mr Wagikunju what you say is absolutely true.
But it will still be true whether digital migration is done in 2014 or 2024.
On Sun, Mar 30, 2014 at 1:11 PM, wgikunju@gmail.com <wgikunju@gmail.com> wrote: Dear all; I have been following the robust debate here since the Court ruling and Cofek's response, and i'm impressed by the quality of arguements put forth. Let me declare my interest, I'm an editor at the NMG, but i speak here in my private capacity. Im also a consumer of television broadcasts. But so are you all kictanetters, you're both interested parties in this matter of digital migration, as well as consumers of TV broadcasts. Unfortunately, i find your take on this matter elitist, completely biased and humanly selfish. You forget that a court of law makes judgement after weighing all interests at stake, and is ultimately guided by the letter of law, and the public interest. The major media houses have not at all been against digital migration. They have only been against the hurried manner in which the process has been pushed through by the CCK, and the less than transparent award of licenses to third parties to the contemptous exemption of the major broadcasters and investors in the industry. Ladies and gentlemen, from you posh houses and offices in upmarket Nairobi estates you forget that KSh5,000 is a fortune for most Kenyan households, which cannot be spent on a set top box while there are other most pressing basic needs. This is a reality that even rich economies like the USA chose not to run away from, and they issued vouchers for digital boxes for those households that couldn't afford them. Their migration had to be postponed severally to ensure no household was left behind. What happened even to the proposal to scrap taxes on these boxes, which could have halved the cost? Have you, kictanetters, in your eagerness to make a quick buck from the new digital world, forgotten that more than half of kenyans live on less than Sh105 ($1.25) per day, yet they also crave for and have a right to watch TV? what the court of appeal found was a CCK bent on bulldozing a critical process, and ruled that on a balance, it would hurt public interest more to continue than to pause, be more consultative and carry everyone on board like the civilised and accomodative society that Kenya is supposed to be. Rgds, --WG -----Original message----- From: Network of non- formal Educational institutions Sent: 30/03/2014, 9:19 am To: wgikunju@gmail.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Dear ALL
It is very sad indeed. As a major stakeholder, I think the courts did not balance. It looked more on the purported injustice of the major media houses and ignored the broader goal of digital migration.
With regards to CCK all government institutions are moving towards complying to the constitution. And CCK will pass over the work and programs they have been implementing to the new body once it is formed in a smooth process that will not destroy the gains so far. What the courts have done is destroying all gains through this.
I have a feeling that very many Kenyans and professionals/institutions have very little knowledge on Digital migration. The courts included. CCK should offer a sensitization/ awareness forum on Digital migration to judges.
The consumers have lost because what the major media may do is to have all the channels they would think of just as they have done on radio. The consumer will miss diversity in content and programing. How about young and upcoming medai houses. Will they ever have a chance in the meddial of these major houses. Talk of monopoly by the major houses that would always want to keep the status quo
Jane
On Sunday, March 30, 2014 6:51 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Bernard
Don't bet on it. Unfortunately I'm coming to a sad conclusion regarding the judiciary. In its attempt to show how 'independent' it is we are seeing a move towards an 'activist judiciary' which negates the very reason why we went through such a painful reform process in the judiciary.
All I can say now is GOD HELP KENYA.
Ali Hussein
+254 0770 906375 / 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com
"I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad
On Mar 29, 2014, at 11:57 AM, "Bernard Kioko [Bernsoft Group]" <bkioko@bernsoft.com> wrote:
David,
You have summarized it well.
Perhaps the benefit of what happened yesterday is that at the Supreme Court, sanity will carry the day without the option of going to any other court thereafter. It appeared to me like that’s the “the plan” . Then again, is this wishful thinking on my part.
Regards
From:kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of David Makali Sent: Saturday, March 29, 2014 11:40 AM To: bkioko@bernsoft.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
The court exceeded its mandate and sowed more confusion:
1. By legitimizing the expectation of the media owners for a license and proceeding to grant it one uncompetitively. So, why did the const require vetting of judges who were in office by 2010? They had a legitimate expectation to continue working into pensionhood, having held their positions for years. The pt: the constitution erased all preferential expectations and set a new standard because of grievances over legitimacy and competence of the status quo. In the case of ICT/ broadcasting, similar questions lie over the evenness of the ground. The "competitive" standard in the award of any public resource or positions is to address such issues.
2. By simply voiding the rights of PANG which had been issued a license pursuant to a competitive process, however conducted by an "illegal" cck, and disregarding the injustice and financial consequences of such a decision. Why uphold the rights of one party and extinguish the rights of others? The court's Sympathy only seemed to lie on one side for which it poured out its heart generously, but totally ignored the rights of Pang and its subscribers. A middle ground position, recognizing the predicament of the current media investors and a suitable remedy to the injustice it found committed against them by cck would have sufficed to put the country on a forward footing. But this? The next Destination seems to be the Supreme Court, which am afraid is going to be choking soon with many unnecessary petitions, thanks to the court of appeal's contestable strokes of justice. Pang, a subscriber, another investors, or even "cofek's" unrecognized consumers have more than enough ground the way I see it.
3. By failing to admonish the govt for its confused policy (chaotic really) and confirming how dangerous it is to invest n this country, in ict particularly, because it has protected investors, and others are secondary regardless of the processes, which are now routinely reversed.
This is official mail. If you doubt the content, call back on +254722517540.
On Mar 29, 2014, at 10:15 AM, Dennis Kioko <dmbuvi@gmail.com> wrote: Very interesting Grace.
Was the court well versed on the whole digital migration process, spectrum and the fact that spectrum is a resource that belongs to all Kenyans, and not a few organisations?
On Saturday, 29 March 2014, Grace Githaiga <ggithaiga@hotmail.com> wrote: @Kioko, I quoted this sentence because I just didnt believe that a court of law can disregard the fact that there are rules to tendering processes. Inaonekana mambo ni yale yale!
“An independent body should therefore give them a licence without going through the tender process provided they comply with the regulations,” Mr Justice Maraga said.
________________________________
Date: Sat, 29 Mar 2014 09:26:13 +0300 From: dmbuvi@gmail.com Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
The court ruling as reported in the Daily Nation article is quite confusing.
First, the court is asking the government to reimburse PANG and StarTimes for their licensing fee and investments. How much will this cost the tax payer?
Second, the court in supporting its ruling, says media owners have invested a lot and they shouldn't lose their investment. The media owners will still lose their investment as digital broadcasting is a new technology that requires new infrastructure - perhaps the only infrastructure that can be reused is the towers.
Third, is the court implying that licenses issued by CCK are unconstitutional?
On Sat, Mar 29, 2014 at 8:14 AM, Ali Hussein <ali@hussein.me.ke> wrote: Listers
Lets step back and ask a few fundamental questions:-
1. How has CAK contravened the constitution in regards to the digital migration.
2. How does this affect the country in the scheme of things in relation to the global move to digital migration.
3. How does it benefit the consumer when we continue to perpetuate a status quo in the media space where a few big boys muscle out everyone? Maybe Consumer Federation can expound on this.
4. How can we ensure going forward that the tendering processes are air-tight and can withstand frivolous suits. In light of what happened to the laptop tender we must ask a fundamental question:
IS THIS GOVERNMENT SETTING ITSELF UP TO FAIL IN THE OCT SECTOR?
Ali Hussein
+254 0770 906375 / 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim Blog: www.alyhussein.com
"I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein
Sent from my iPad
On Mar 29, 2014, at 1:53 AM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
http://www.nation.co.ke/news/Victory-for-Kenyans-as-judges-halt-rush-to-digi... “An independent body should therefore give them a licence without going through the tender process provided they comply with the regulations,” Mr Justice Maraga said.
Really? How now?
________________________________
From: jgmbugua@gmail.com Date: Fri, 28 Mar 2014 23:36:37 +0300 Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response CC: kictanet@lists.kictanet.or.ke To: ggithaiga@hotmail.com
Idiocy of the highest order. There is no win here only delay of the inevitable and stifling of innovation and investment.
Multichoice is certainly a winner.
________________________________
From: Consumers Federation of Kenya (COFEK)<
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KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
#1. Television is not a basic human right. Not all Kenyans own televisions. All Kenyans own spectrum. Therefore, the interest of the state should be in use of spectrum benefiting all Kenyans, rather than making television affordable to the few Kenyans who own it. #2. As long as there's no set migration date, private capital shall not go into decoders, and decoders shall remain "highly priced." It's either we end the chicken and egg game by picking one, or keep going to court to determine which should come first. On Sunday, 30 March 2014, Rad! <conradakunga@gmail.com> wrote:
But Mr Wagikunju what you say is absolutely true.
But it will still be true whether digital migration is done in 2014 or 2024.
On Sun, Mar 30, 2014 at 1:11 PM, wgikunju@gmail.com<javascript:_e(%7B%7D,'cvml','wgikunju@gmail.com');> <wgikunju@gmail.com <javascript:_e(%7B%7D,'cvml','wgikunju@gmail.com');>>wrote:
Dear all; I have been following the robust debate here since the Court ruling and Cofek's response, and i'm impressed by the quality of arguements put forth. Let me declare my interest, I'm an editor at the NMG, but i speak here in my private capacity. Im also a consumer of television broadcasts. But so are you all kictanetters, you're both interested parties in this matter of digital migration, as well as consumers of TV broadcasts. Unfortunately, i find your take on this matter elitist, completely biased and humanly selfish. You forget that a court of law makes judgement after weighing all interests at stake, and is ultimately guided by the letter of law, and the public interest. The major media houses have not at all been against digital migration. They have only been against the hurried manner in which the process has been pushed through by the CCK, and the less than transparent award of licenses to third parties to the contemptous exemption of the major broadcasters and investors in the industry. Ladies and gentlemen, from you posh houses and offices in upmarket Nairobi estates you forget that KSh5,000 is a fortune for most Kenyan households, which cannot be spent on a set top box while there are other most pressing basic needs. This is a reality that even rich economies like the USA chose not to run away from, and they issued vouchers for digital boxes for those households that couldn't afford them. Their migration had to be postponed severally to ensure no household was left behind. What happened even to the proposal to scrap taxes on these boxes, which could have halved the cost? Have you, kictanetters, in your eagerness to make a quick buck from the new digital world, forgotten that more than half of kenyans live on less than Sh105 ($1.25) per day, yet they also crave for and have a right to watch TV? what the court of appeal found was a CCK bent on bulldozing a critical process, and ruled that on a balance, it would hurt public interest more to continue than to pause, be more consultative and carry everyone on board like the civilised and accomodative society that Kenya is supposed to be. Rgds, --WG -----Original message----- From: Network of non- formal Educational institutions Sent: 30/03/2014, 9:19 am To: wgikunju@gmail.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Dear ALL
It is very sad indeed. As a major stakeholder, I think the courts did not balance. It looked more on the purported injustice of the major media houses and ignored the broader goal of digital migration.
With regards to CCK all government institutions are moving towards complying to the constitution. And CCK will pass over the work and programs they have been implementing to the new body once it is formed in a smooth process that will not destroy the gains so far. What the courts have done is destroying all gains through this.
I have a feeling that very many Kenyans and professionals/institutions have very little knowledge on Digital migration. The courts included. CCK should offer a sensitization/ awareness forum on Digital migration to judges.
The consumers have lost because what the major media may do is to have all the channels they would think of just as they have done on radio. The consumer will miss diversity in content and programing. How about young and upcoming medai houses. Will they ever have a chance in the meddial of these major houses. Talk of monopoly by the major houses that would always want to keep the status quo
Jane
On Sunday, March 30, 2014 6:51 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Bernard
Don't bet on it. Unfortunately I'm coming to a sad conclusion regarding the judiciary. In its attempt to show how 'independent' it is we are seeing a move towards an 'activist judiciary' which negates the very reason why we went through such a painful reform process in the judiciary.
All I can say now is GOD HELP KENYA.
Ali Hussein
+254 0770 906375 / 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com
"I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad
On Mar 29, 2014, at 11:57 AM Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/conradakunga%40gmail.c...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- with Regards: blog.denniskioko.com <http://www.denniskioko.com/>
Wagikunju - the issues you raise are germane to the digital migration, yes, but unfortunately that was not the gist or the focus of the appeal before the court nor the concern or its orders. Ok, what effort have the media put into lowering the cost of the boxes? Or to sensitize people that the migration is going to happen and so, prepare? Speaking from the same industry but from an entirely public interest perspective, I know what cartels do. Let me ask you: Why are all newspapers priced the same? Yes, expect the same "industrial" behavior when the media have the signal distribution license and they sit alone and decide how much they will charge you to access their content. And you will do nothing about it because there will be no competition. The court of appeal has endorsed media concentration and cemented the skewed landscape with its judgment. I will say nothing about the claims of "hurried" migration by cck because there is plenty of evidence of long running consultations on the matter including the establishment of migration committees. Lets wrack our heads and find long lasting solutions in the interest of the country and not just vested interests. This is official mail. If you doubt the content, call back on +254722517540. On Mar 30, 2014, at 1:55 PM, Dennis Kioko <dmbuvi@gmail.com> wrote:
#1. Television is not a basic human right.
Not all Kenyans own televisions. All Kenyans own spectrum.
Therefore, the interest of the state should be in use of spectrum benefiting all Kenyans, rather than making television affordable to the few Kenyans who own it.
#2. As long as there's no set migration date, private capital shall not go into decoders, and decoders shall remain "highly priced."
It's either we end the chicken and egg game by picking one, or keep going to court to determine which should come first.
On Sunday, 30 March 2014, Rad! <conradakunga@gmail.com> wrote:
But Mr Wagikunju what you say is absolutely true.
But it will still be true whether digital migration is done in 2014 or 2024.
On Sun, Mar 30, 2014 at 1:11 PM, wgikunju@gmail.com <wgikunju@gmail.com> wrote:
Dear all; I have been following the robust debate here since the Court ruling and Cofek's response, and i'm impressed by the quality of arguements put forth. Let me declare my interest, I'm an editor at the NMG, but i speak here in my private capacity. Im also a consumer of television broadcasts. But so are you all kictanetters, you're both interested parties in this matter of digital migration, as well as consumers of TV broadcasts. Unfortunately, i find your take on this matter elitist, completely biased and humanly selfish. You forget that a court of law makes judgement after weighing all interests at stake, and is ultimately guided by the letter of law, and the public interest. The major media houses have not at all been against digital migration. They have only been against the hurried manner in which the process has been pushed through by the CCK, and the less than transparent award of licenses to third parties to the contemptous exemption of the major broadcasters and investors in the industry. Ladies and gentlemen, from you posh houses and offices in upmarket Nairobi estates you forget that KSh5,000 is a fortune for most Kenyan households, which cannot be spent on a set top box while there are other most pressing basic needs. This is a reality that even rich economies like the USA chose not to run away from, and they issued vouchers for digital boxes for those households that couldn't afford them. Their migration had to be postponed severally to ensure no household was left behind. What happened even to the proposal to scrap taxes on these boxes, which could have halved the cost? Have you, kictanetters, in your eagerness to make a quick buck from the new digital world, forgotten that more than half of kenyans live on less than Sh105 ($1.25) per day, yet they also crave for and have a right to watch TV? what the court of appeal found was a CCK bent on bulldozing a critical process, and ruled that on a balance, it would hurt public interest more to continue than to pause, be more consultative and carry everyone on board like the civilised and accomodative society that Kenya is supposed to be. Rgds, --WG -----Original message----- From: Network of non- formal Educational institutions Sent: 30/03/2014, 9:19 am To: wgikunju@gmail.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Dear ALL
It is very sad indeed. As a major stakeholder, I think the courts did not balance. It looked more on the purported injustice of the major media houses and ignored the broader goal of digital migration.
With regards to CCK all government institutions are moving towards complying to the constitution. And CCK will pass over the work and programs they have been implementing to the new body once it is formed in a smooth process that will not destroy the gains so far. What the courts have done is destroying all gains through this.
I have a feeling that very many Kenyans and professionals/institutions have very little knowledge on Digital migration. The courts included. CCK should offer a sensitization/ awareness forum on Digital migration to judges.
The consumers have lost because what the major media may do is to have all the channels they would think of just as they have done on radio. The consumer will miss diversity in content and programing. How about young and upcoming medai houses. Will they ever have a chance in the meddial of these major houses. Talk of monopoly by the major houses that would always want to keep the status quo
Jane
On Sunday, March 30, 2014 6:51 AM, Ali Hussein <ali@hussein.me.ke> wrote:
Bernard
Don't bet on it. Unfortunately I'm coming to a sad conclusion regarding the judiciary. In its attempt to show how 'independent' it is we are seeing a move towards an 'activist judiciary' which negates the very reason why we went through such a painful reform process in the judiciary.
All I can say now is GOD HELP KENYA.
Ali Hussein
+254 0770 906375 / 0713 601113
Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassimBlog: www.alyhussein.com
"I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad
On Mar 29, 2014, at 11:57 AM Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/conradakunga%40gmail.c...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- with Regards:
blog.denniskioko.com
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
participants (5)
-
Collins Areba
-
David Makali
-
Dennis Kioko
-
Rad!
-
wgikunju@gmail.com