Consumer Federation of Kenya (Cofek) has filed a case under certificate of urgency seeking orders to prevent the government from effecting the December 31^st deadline to switch off analogue signal in Nairobi and its environs.

Respondents to the petition include Information and Communications minister, Attorney General and Communications Commission of Kenya (CCK).

Cofek argues that the decision to switch off analogue television signal in Nairobi discriminates against Kenyans who cannot afford set-top boxes and hence was in breach of the low. The consumer organization further argues that the notice given to Nairobi residents to acquire set-top boxes, devices that decodes digital signal for viewing on analogue TV sets, was ill times given other demands such as Christmas spending and school fees in January.

The consumer lobby group further states that the government’s decision to switch off analogue transmission signal contravenes the doctrine of public participation embraced under Article 10 of the constitution.

International Telecommunication Union, a UN body, has set 2015 as the universal switch off deadline. Cofek states that the December 31^st deadline, which which is ahead of the global deadline, lacks legal, economic and moral basis.

Information Permanent Secretary Bitange Ndemo, had on 30 November 2012 said the government has no reason to postpone the Nairobi switch off since the prices of set top boxes have come down to between 2,500 and 6,000 from the previous 6,000 and 9,000. He further argued that the government has invested KES 2 billion to rollout the digital infrastructure and any delay in switching off the analogue signals is doing more harm to the economy as the government needs to free the frequencies to be used for other purposes.

In as much as the prices of set top boxes have dropped, Cofek insists that the prices are too high. A spot check by pesatalk.com has revealed that the prices of set top boxes that don’t come with any monthly subscription fees cost between KES 5,300 and KES 6,300 while those that have monthly subscription fees currently cost between KES 1,999 and KES 4,899.

The case is scheduled for inter-parties hearing next Monday, 17 December 2012, after Justice Isaac Lenaola certified it as urgent.