Kenya: The High Court has been urged to reject attempts by the Communication Authority of Kenya (CA) and the Attorney General (AG) to scuttle a suit seeking to restore free-to-air television services.
Activist Okiya Omtata said the objections filed by CA and AG in the case seeking to compel the authority to restore KTN, NTV, QTV and Citizen television services across the country should be rejected and the suit allowed to proceed. Mr Omtata said the argument that the Supreme Court heard and determined the matter was not accurate.
"The Supreme Court addressed concerns raised by the media owners but had not dealt with matters affecting the viewers. The rights of the consumers should not be trampled underfoot," he said.
CA and the AG have filed preliminary objections seeking to have the case thrown out, arguing that it had been heard and determined by the three main courts.
The AG through Deputy Chief Litigation Counsel Mwangi Njoroge had wrongly enjoined some parties in the suit and the matter had been heard in the High Court, Court of Appeal and the Supreme Court and judgment delivered.
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"This litigation has been of a very long history and the issues Omtata is raising have been taken to the highest court in the land. It is not necessary for this court to revisit them, at the risk of restarting another seven year litigation cycle that will end up in the Supreme Court again," the AG said.
Overrule orders
And CA argues that the High Court has no jurisdiction to overrule or review orders issued by the Supreme Court.
When the matter came up last time, High Court Judge Isaac Lenaola directed Omtata to serve Africa Network Group in order for the media houses to appear in court and explain the problems that led to the switch off before any orders can be considered.
Omtata argued that the Supreme Court did not order CA and the Cabinet Secretary for Information to terminate television services by Standard Group, Nation Media group and Royal Media Services.
He said majority of the decoders being sold now in the market comprised 90 per cent pay television stations and 10 per cent free to air channels, which has a huge implication in promoting universal access to information for the poor whose only access to TV was through free to air channels.
"The CA discharged their mandate of midwifing the digital migration incompetently and in total violation of the Constitution to the extent that they did not consider the interests of the marginalised who cannot afford digital pay television and depend entirely on free to air televisions," he said.
Access to information, he said, was a prerequisite for media freedom, adding that the freedom to impart information goes hand in hand with the freedom to receive it.
The matter will be heard on March 2.
