The stage has been set for a fresh round of battle between media owners and the Communication Authority of Kenya over the regulator’s directive to switch off analogue broadcasting. CAK issued the order yesterday after the Supreme Court ruling lifted the injuction granted to the three media houses exempting them from switching to digital platform in Nairobi and its environs.

The media houses were ordered to make the switch from midnight yesterday or face unspecified legal action from CAK. By defying the directive, the CAK will be forced to switch off the broadcasts itself at the Limuru transmission site. Media houses will certainly not take such a move lying down, which may touch off a new legal fight.

The Supreme Court ruled that the analogue switch-off timelines remain as scheduled by the Authority. While withdrawing orders earlier issued to allow the three broadcasters to continue broadcasting on the analogue platform, the court asked the Authority to restore the self-provisioning authorisation and the requisite frequencies issued to the three media houses.

“This, in essence, means that the three media houses and any other network currently broadcasting on the analogue platform in the areas already switched-off are required to migrate to the digital platform with immediate effect,” the CAK said in a statement. “Any broadcaster still on the analogue platform will be doing so illegally and the Authority shall take regulatory action against them.”

 In a statement signed by its chairman, Mr Sam Shollei, the association accused the CAK of selectively applying a Supreme Court ruling on the dispute. The CA, it said, had curiously chosen to address itself to only parts of the Supreme Court ruling, while disregarding the interests of more than 90 percent of viewers who depend entirely on free-to-air television.

“We expect the CAK to address itself to the rest of the orders issued by the Supreme Court, specifically the reinstatement of the Self-Provisioning Digital Broadcasting Licence which must equally be communicated to us in writing by the CAK,” Mr Shollei said.

By reinstating the licence and the frequencies, the Supreme Court orders allowed the three media houses — Nation Media Group, Standard Media Group and Royal Media Services — to migrate to digital broadcasting as self-provisioning signal distributors. However, this will not be possible until the CA allows them time to acquire their equipment that includes digital transmitters, antennae and the critical Set-Top Boxes (STBs also commonly known as Digital Receivers or Decoders).

“This acquisition process, it should be noted, was interrupted by the CA’s cancellation of our Self Provisioning Authorisation on the January 21, 2015,” said Mr Shollei. They added that the speed with which CA moves when it comes to the three media houses demonstrates what the three have consistently held to be a hostile attitude, uncharacteristic of any independent regulator.

“Matters of concern raised by the three media houses have always been ignored or outrightly dismissed by the CA,” he said.

Media houses say switching off analogue broadcasts amounts to plunging into darkness more than 90% of viewers, a majority of them ordinary Kenyans with no means to access or afford pay television. Further, they add, CA’s action amounts to an infringement on the right of the Kenyan public to receive information under Article 33 of the Constitution and violates the Freedom of Broadcasting.

On November 28 the authority announced that analogue switch-off would be done in three stages, with Nairobi and its environs scheduled for December 31. Mombasa, Malindi, Nyeri, Meru, Kisumu, Webuye, Kakamega, Kisii, Nakuru, Eldoret, Nyahururu, Nyadundi, Machakos, Narok, Londiani and Rongai were set for February 2. All other areas would be switched off on March 30.

The judges also said all pending cases before the Supreme Court challenging the migration were also dismissed. However, they directed the communications authority to reinstate the licence and 21 digital frequencies it had withdrawn from the three media houses — Nation Media Group, Standard Group and Royal Media Services. Mr Wangusi said the authority will on Saturday start repossessing all the frequencies TV stations were using to transmit analogue broadcasts. On Friday, Information Communication and Technology Cabinet Secretary Fred Matiang’i said the government had an obligation to respect international treaties. He said the Supreme Court had vindicated the government.