Judges ‘not bold enough’ on digital migration

Cameramen covering proceedings at the Supreme Court.PHOTO.FIDELIS KABUNYI

The Supreme Court's ruling on digital migration licensing has elicited mixed reactions from leaders and lawyers.

East Africa Law Society (EALS) President James Mwamu termed the judgement as good, but took issue with the judges for failing to be bold enough.

“The Supreme Court judges should have ordered the Communications Authority of Kenya (CAK) to issue the Standard Group, Nation Media Group and Royal Media Services with Broadcast Signal Distribution (BSD) licences,” said Mwamu.

He argued that the three media houses are local investors who have spent heavily in the country and that the decision by CAK to deny them licences in favour of foreign firms was unacceptable and the court should have compelled the authority to license them.

The Constitution, Mwamu added, had put much emphasis on the need to tap local resources and give priority to local investors.

The EALS boss hit out at CAK for failing to adhere to the supreme law.

“The court has clearly given a statement that the days when CAK used to make decisions arbitrarily in total disregard to the law and public interest is long gone,” he said.

Law Society Council Member Godfrey Kitiwa said the judgement was good as it had compelled the communications agency to go back to the negotiating table with media stakeholders with a view to coming up with a lasting solution for the licensing issue.

Kitiwa added that it was wrong for CAK to favour foreign investors and disregard local media houses that have continued to play a major role in the industry.

“Unlike in the past when CAK could make decisions without being challenged, the judges have opened doors for negotiations and public participation in the awarding of the licences and other tenders,” said Kitiwa.

Central Organisation of Trade Unions Secretary General Francis Atwoli lauded the ruling and called on Government agencies mandated to ensure that public tenders are awarded fairly to be vigilant.

Atwoli noted that the Supreme Court judges, in their verdict, had raised concern over the manner in which public tenders were being awarded as some had hallmarks of corruption.

“Government officials have been more interested in personal gains through corruption when awarding tenders and have been ignoring national values and the set laws in the tendering process. This must be stopped ,” he said.

Lawyer Kabue Thumi said the verdict would set precedent in future on awarding public tenders.