Kenya: MPs are unhappy with the Government over its hardline stance four days after a regulator cut off transmission signals for three independent television stations.

The action by Communications Authority of Kenya (CA) has also forced the Coalition for Reforms and Democracy (CORD) to postpone the launch of the draft bill for its referendum bid.

Yesterday, members of the National Assembly’s Energy, Communication and Information Committee pressed Information Cabinet Secretary Fred Matiang'i and the Director General of the Communication Authority of Kenya (CA) Francis Wangusi for a logical explanation on why the migration to digital television broadcasting has become a do-or-die affair for Kenya.

Contrary to claims by the Government, it was the industry regulator that sent technicians to switch off the analogue transmitters belonging to the country's independent television stations KTN, NTV and Citizen TV. The three have been off air since Saturday.

The stations have steadfastly resisted attempts to force them, in defiance of copyright laws, to hand over content that they generate at great cost to foreign-owned television firms for free, who would then have charged the public a fee to watch the same.

The three stations had asked the regulator for more time to import their transmitters and digital set-top boxes in line with the self provisioning licence granted to them.

The media owners' representatives are to appear before the committee to explain their concerns with the regulator.

"We will see if we can have a tripartite meeting to deliberate on this matter so that we can get a way forward," said the Committee chairman Jamleck Kamau, MP for Kigumo.

The matter also featured in the Senate, where Siaya Senator James Orengo gave notice for adjournment of House business to discuss the digital migration row.

But while Opposition senators rose to support the adjournment, on the Government side, only Senator Steven ole Ntutu (Narok) rose to back the motion.

Speaker Ekwee Ethuro ruled that the House adjourn at 5.30pm to discuss the matter, after dispensing with other pending bills.

After 5pm, Senator Kipchumba Murkomen (Elgeyo/Marakwet) said there wasn't adequate time to discuss the motion yet it had attracted immense interest. The Senate will therefore debate the motion today. 

Earlier in Parliament, Kamau asked the Government officials why it was difficult to grant the three media houses an extension to prepare for the switchover considering the international deadline is in June.

"What is the status of the digital migration? Kenyans are concerned. Why are we where we are and what is being done to ensure normal broadcasting resumes? Why don't we give the media houses up to March 30 so that by that time, there is no excuse?" Kamau posed.

Roba Duba (Moyale) asked: "We are in a crisis and we must get full information to be able to make decisions. No one is against digital migration but questions must be answered."

 

Nicholas Gumbo (Rarieda) claimed that the regulator had adopted an adversarial stance that is unhelpful in addressing the concerns raised by the media houses.

Gumbo also took issue with Wangusi's condescending public attitude while articulating the Government's position on the matter.

"Your attitude appears to be in line with flippancy and bullishness. That is the attitude that we are displeased with and which will not help in breaking the current crisis. You look so angry as if you are going to war. Whom are you going to war with," Gumbo challenged Wangusi.

Junet Mohammed (Suna East) asked the regulator: "Have you taken into consideration the economic impact of these wrangles? The media houses have already invested millions of shillings in their business. Other than enforcing law, it is also your duty to nurture that same law."

Kanini Kega (Kieni) said it was unfortunate that the Government had adopted grossly punitive measures in dealing with the media houses.

"I'm wondering if we are not using a sledge hammer to kill a mosquito," Kega remarked.

Muthomi Njuki (Chuka/Igambang'ombe) asked the CS to explain the rationale of having the media houses produce their own content and then surrender it to third parties for distribution.

"The three media houses carry 90 per cent of the content. The most important thing is not the migration, but who carries their content. If they produce or buy content and give it to another distributor, what is their role in this? There must be a way of bringing them on board. The fact of the matter is that the loyalty of Kenyans is with the three media houses," Njuki observed.

Other MPs called for sobriety in resolving the impasse that could have a ripple effect on the country's media environment and the economy.

"If you don't agree on the way forward, what are Kenyans going to do? This issue should not be politicised. People in my own constituency are complaining about the cost of decoders, and some are even bringing their television sets to my office telling me they no longer have any use for them," said Nyambura Gathogo (Ruiru).

"This is not a political matter. We are in a digital world and no one is refusing to migrate. It is not a matter of this coalition or the other, but what affects majority of Kenyans," advised Shakeel Shabbir (Kisumu East).

But it emerged Kenyans will continue staring at blank television screens for a little longer as Matiang'i and Wangusi were adamant that the Government would not cede any ground.

They repeated the Government's earlier stand that it would not allow media houses to carry their own content and that it will instead be distributed through government-owned Signet and Chinese entity, Pang.

This position, which the media houses largely blame for the current standoff, also appeared to agitate committee members who accused the Government of seeking to bully independent media houses into acceding to its demands.

 

Currently, only two State-aligned broadcasters are on air. They are State-owned KBC and K24, which is linked to the Kenyatta family.

Junet was ruled out of order when he claimed that KBC "was dead and non-functional," and could not be trusted to be neutral.

Committee members raised issue with the manner in which the digital signal distribution licences were awarded to KBC and the Chinese entity.

The Government was also challenged to explain the steps it was taking to resolve the crisis, with MPs warning against politicising the issue.