Communications Authority of Kenya Director Francis Wangusi

Nairobi, Kenya: The Supreme Court has directed the Communications Authority of Kenya to reinstate digital frequencies for three media houses which had been annulled.

CA cancelled frequencies for Standard Group, Nation Media Group and Royal Media Services following televised advertisements that had been run in the media houses.

“The CA is to immediately restore Royal Media Services, Nation Media Group and the Standard Group to the position they were in after 25th of November, 2014 before the withdrawal of the digital frequencies it had earlier granted to the said respondents,” said the 7-judge bench while making the ruling.

“And for the avoidance of doubt, CA is to restore the Authorisation for Self-Provisioning Digital Signal Distribution and the several digital frequencies it had granted to the said respondents if it has not already done so.”

The Supreme Court said the deadline for digital migration countrywide remains March 30, which was the date meant for the third and final phase covering Garissa, Kitui, Lodwar, Lokichogio, Kapenguria, Kabarnet, Migori, Voi (Vuria), Mbwinzau/Kibwezi, Namanga and all other remaining sites.

The analogue switch off for Nairobi and its environs was scheduled for December 31, 2014. The migration is yet to take effect.

The second phase of the migration, which had been set for February 2, was to cover Mombasa, Malindi, Nyeri, Meru, Kisumu, Webuye, Kakamega, Kisii, Nakuru, Eldoret, Nyahururu (Nyadundo), Machakos, Narok and Loldiani (Rongai).

The switch off deadline of March 30 was set to put Kenya on digital platform ahead of the international target of June 17.

Pay TV providers StarTimes and GoTV had complained to CA over the advertisement that ran on KTN, Citizen TV, NTV and QTV saying that it dissuaded consumers from purchasing set of boxes and that it affected their business.  

CA termed the advert as misleading and demanded the three media houses pay a fine of Sh500,000 to have the suspension of their licences lifted.