Justice Isaac Lenaola has given the government side up to Thursday December 20^th for inter-parties hearing and initial directions of the Consumer Federation of Kenya (Cofek) case against December 31 December analogue TV switch-off plan.

The decision arose after respondents’ lawyers asked for more time to prepare for their replying affidavits.

Consumer lobby group Cofek had filed a case under certificate of urgency seeking orders to prevent the government from effecting the December 31^st deadline to switch off analogue signals in Nairobi and its environs.

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

The case had been scheduled for inter-parties hearing today, Monday 17 December after Justice Isaac Lenaola certified it as urgent.

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 law. 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 31st deadline, which is ahead of the global deadline, lacks legal, economic and moral basis.

Information Permanent Secretary Bitange Ndemo, 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.

A spot check by pesatalk.com has revealed that 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. Locally available government approved digital TV’s cost between KES 59,995 and KES 129,995, prices Cofek argues are way beyond the reach of most Kenyans.