Omtata told to serve media houses in suit against Communication Authority

NAIROBI: The High Court has ordered a human rights activist to serve KTN, NTV, QTV and Citizen in a suit seeking to compel Communication Authority of Kenya (CA) to restore free to air television services.

High Court judge Isaac Lenaola directed Okiya Omtata to serve Africa Development Network for the media houses to appear in court and explain the problems that had led to the switch off before any orders can be considered.

Omtata argued that the Supreme Court did not order the CA and the Cabinet Secretary for Information to terminate television services of the three stations which are widely relied on by millions of poor Kenyans. He observed that majority of the decoders being sold now in the market comprised 90 per cent pay television stations and a paltry 10 per cent free to air channels, which has a huge implication in promoting universal access to information for the poor.

“The CA discharged their mandate of midwifing the digital migration incompetently and in total violation of articles of the constitution such as right to information to the extent that they did not consider the interests of the marginalised ...,” he said. The activist is also seeking to have the case certified urgent and have all relevant parties joined in the matter.

The activist submitted that Kenyans had expected that after the Supreme Court ruling the migration from analogue to digital broadcasting would be handled professionally in a manner that protects public interest and treats all commercial vested interests fairly and protects the right of Kenyans, but this was not the case.