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3 stations to get digital TV licence, switch date moved

The Consumer Federation of Kenya (COFEK) which was an interested party, supported this position: “It will be futile for the Government to appeal the ruling at the Supreme Court. In light of such embarrassment to Government, it is only fair that the ICT Secretary resigns from office.

“And that the regulator rescinds all major decisions it has made as the effect of the ruling has the potential to reverse all decisions made by the CCK since August 27, 2010 when the current Constitution was promulgated,” COFEK Secretary General Stephen Mutoro demanded.

In the meantime the Court of Appeal has cautioned the Executive against interfering with the appellants’ analogue signals pending the September 30 deadline it set.

“Pending compliance with the above orders as regards BSD licensing the second and third respondents are hereby restrained from switching off the appellants analogue frequencies,” the bench stated.

It therefore set aside High Court Judge David Majanja’s judgement that the appellants had been sufficiently involved in the move from analogue to digital television and that the court would be acting outside its mandate should it compel the government to issue them with a digital BSD licence.

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