Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Thats true Rad, there will always be an under-priveledged group in society, but can we (government) carry them along to some reasonable distance, make sure we have at least four-fifths of Kenyan households on board, before takeoff? Of what use/impact would digital migration be if we locked out 70% of Kenyans from watchin TV? Have even our policy makers become so elitist (and eager to cut deals with the Chinese) that they forget the importance of inclusion? Surely even making a strong case to the Treasury for scrapping of taxes would have been a reasonable step/effort.., or even mass importation of the most basic digital boxes by government for the very low-income, for sale at cost? I know most on this list are thinking, what is 5k? My friends, its a fortune for most Kenyan households. It would take a sincere effort to raise that amount... The most unfortunate thing is that all details of the shenanigans behind this hurried digital migration and award of licenses, just like the incorrigbly corrupt laptops tender, may never fully come to public light. --WG -----Original message----- From: Rad! Sent: 30/03/2014, 1:26 pm To: wgikunju@gmail.com Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response 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.
________________________________
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