Judge David Majanja dismisses media petition, rules digital migration to proceed

By KURIAN MUSA

Nairobi, Kenya: High Court Judge David Majanja has ruled that digital migration will proceed in Nairobi and dismissed media petition to delay the switch.

Judge David Majanja made the landmark ruling Monday.

Media houses wanted their case challenging the digital switch to be referred to Chief Justice Willy Mutunga to constitute a three-judge bench. They said the shift from analogue to digital broadcasting was unconstitutional.

According to the Communications Commission of Kenya ( CCK), the switch off was set to begin on Friday December 13, but this was reversed by Justice Majanja sitting in Nairobi.

The High Court had suspended the planned switch from analogue to digital broadcasting to December 23, to allow determination of a suit filed by media houses challenging the Government’s plan.

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The date of switch off was put on hold by 10 days, pending a ruling on the main petition by three media houses - Standard Group, Nation Media Group and Royal Media Services.

In the case, the government had been urged to give a transition period of five years.