Withdrawal of licences for KTN, Citizen, NTV amounts to sabotage-CORD

ODM Secretary General Ababu Namwamba (right), Chairman John Mbadi and nominated Senator Elizabeth Ongoro address the Press Thursday at Orange House. They condemned the withdrawal of three media houses’ broadcasting signals. [PHOTO: JENIPHER WACHIE/STANDARD]

NAIROBI: The Opposition has condemned the hostile action against Kenya’s top three independent broadcasters by the regulator, describing it as “a serious threat to strategic national interest and a damaging attack against local investors”.

The Coalition for Reforms and Democracy (CORD) criticised the decision by the Communications Authority (CA) to deny the Standard Group (KTN), Nation Media Group (NTV) and Royal Media

Services (Citizen TV) temporary authorisation to roll out their own digital broadcast signal distribution platform. CORD co-principal Kalonzo Musyoka said the withdrawal of the self-provisioning licence and ban on importation of set-top boxes by the media houses curtailed media freedom and went against the spirit of the Constitution. “Freedom of the media is basic and any time media freedom is threatened, we will not agree as Kenyans. As for the three media houses, do not despair, we will stand with you to ensure that your freedom is not curtailed,” Mr Kalonzo said.

Orange Democratic Movement (ODM) Secretary General Ababu Namwamba said the party noted with grave concern that frequencies are grossly skewed in favour of foreign players.

“The withdrawal of the licences is an act of economic sabotage against the media stations that collectively command nearly 70 per cent of local TV viewership. If not addressed and the cancellation revoked forthwith, it will lead to massive loss of revenue and jobs to Kenyans,” said Mr Namwamba.

Meru Governor Peter Munya said the suggestion that the local broadcasters hand over the distribution of their TV signals to a foreign firm had grave implications on security, and sends a wrong signal to would-be-investors.

“I do not see any national interest in this move,” Mr Munya, who is  also the chair of the Legal Committee in the Council of Governors said Thursday when he visited The Standard Group offices in Nairobi.

On Wednesday, Communications Authority of Kenya (CA) Director General Francis Wangusi announced the withdrawal of the authorisation, which allowed the African Digital Network, (ADG), a consortium jointly owned by the three media houses, to have their own digital distribution platform.

CA also took back all the 21 frequencies allocated to ADN. The Opposition Thursday vowed to stand with the three media houses in their quest to challenge the punitive action taken by CA, which includes a threat to ban importation of their own set-top boxes.

Namwamba said the move by CA is a setback to local investors and a serious threat to strategic national interest.

The Orange party questioned why PANG, a Chinese company, was awarded 120 digital frequencies, Signet (KBC) 54, Lancia Media 11, DMTV (GoTV) 5 while KTN, CITIZEN TV, QTV and NTV have to share a paltry 21 digital frequencies.

“This is a litany of vile assaults against the Media by the Jubilee administration, in utter violation of the letter and spirit of the Constitution,” he added.

It also emerged that CA had issued contradicting letters on the “must carry” rule that the regulator is citing to force the three local television stations to have their content aired by pay-tv providers Startimes and Multichoice’s GoTv.

In the first letter in November 12, last year, CA decided that KBC, KTN, Citizen, NTV, K24 and one additional channel out of the other existing analogue channels be the must-carry channels. However, in the second letter dated December 3, 2014, CAK sought to clarify that the must carry channels are KBC and any five of the any five of the authorised Free To Air broadcasting channels.

The Law Society of Kenya Chairman Eric Mutua termed the decision by the authority as a deliberate attempt by the Government to scuttle a process initiated by the court.

He said if the court can be persuaded to look at bad faith and malice on the Authority’s part, the decision can amount to contempt of court.

“This is a clear act of contempt of the court process. Whereas the Government exercises discretion as to who gets what, it is capable of being abused by way of corruption. I suspect that there are people who are interested in monopolising this for purposes of corrupt gains and they could be the ones who are pushing the officers concerned to act in this manner,” he said.

Mr Mutua added: “That decision was not just arrived at by Wangusi (CA director). It must have been backed by people in authority especially politicians. It is not tangible corruption but it is a way of having some kick-backs by giving these licences to two companies to the exclusion of the rest.”

Mutua pointed out that not every Kenyan understands and appreciates the kind of money involved in these licences and the kind of money people are likely to make as a result of it and this could probably be the bottom line of all this.

“When you look at the economies of it, these are billions of shillings and this is an opportunity for people who are used to benefiting from such Government projects to corruptly benefit themselves.”

Mutua said the three media houses should go back to court because with that kind of resolve, the only way to end the dispute is through the court.

“It is very sad that the Government seems to have taken the position that this kind of work cannot be done by local companies and must be given to the so-called experts from outside. That is how you kill an economy driven by the locals,” he added.