Media houses, State told to seek peaceful solution to digital switch impasse

By  WAHOME THUKU

Kenya: The Court of Appeal has urged three leading media houses and the Communications Authority of Kenya (CAK) to consider an amicable solution to the dispute on digital migration.

Three Court of Appeal judges Roselyn Nambuye, Daniel Musinga and David Maraga suggested to media owners and the regulator to look into ways of dealing with the matter to avoid hurting the country.

But even as the judges made the suggestion, CAK urged the court to dismiss an appeal filed by The Standard Group, Nation Media Group and Royal Media Services, claiming they had been fully involved in the digital switch.

The media houses are challenging a decision of the High Court allowing the migration to proceed without a number of technical and legal issues having being resolved.

“This is the point at which we deal with this matter and the disagreements given that we have no choice, this being an international process,” said Lady Justice Roselyne Nambuye.

“The stakes are very high for both sides and also involve the Kenyan public. We believe you could go back and reach a win-win situation,” added Justice David Maraga.

The judges pointed out that the dispute could be resolved amicably if the media houses agreed to make an application for the third licence without the court’s directive.

Lawyer Paul Muite representing the media owners said they would readily welcome the decision and take it up.

However, lawyer Wambua Kioko for CAK said licensing could not be guaranteed without considering several factors.

“Even the court can’t order that the licence be issued, it can only direct that they be considered.”

The lawyer took the case through the technical details of the digital migration and how the decision had been reached by many countries in 2006.