The Supreme Court today upheld the decision by the Court of Appeal to set the digital migration analogue switch off date for 30th September 2014 pending the hearing and determination of an appeal filed by the Government.

The Supreme Court also barred Broadcast Signal Distributors (BSDs) Signet Kenya Limited and Pan Africa Network Group Kenya Limited and Pay TV providers, Star Times Media Limited, and GOtv Kenya Limited were barred from broadcasting any content from Royal Media Services Limited, Nation Media Group Limited and Standard Group Limited without their consent, pending the hearing and determination of the appeal.

Supreme Court judges, Smokin Wanjala and Jacton Ojwang further ordered Communications Commission of Kenya not to switch off any of their frequencies, broadcast spectrums or broadcasting services pending the hearing and determination of the intended appeal.

The orders were issued with respect to an application lodged by the Government in the Supreme Court seeking stay of execution of the earlier judgment and consequential orders issued by the Court of Appeal.

Regarding the Court of Appeal’s declaration that the Communications Commission of Kenya was not the independent body envisaged under Article 34(3) (b) of the Constitution as a regulator of airwaves, the Supreme Court held the matter in abeyance pending the hearing and determination of the appeal.

Also pending hearing is the declaration by the Appellate court that the BSD license issued to Pan Africa Network Group Kenya Limited is null and void.