The Communication Commission of Kenya has written to the the Consumer Federation of Kenya (COFEK) concerning the latter’s lawsuit over the new digital migration.
Through its lawyers Mohamed Muigai Advocates, the CCK maintained that COFEK had been included when it was given a position on the Digital Transition Committee (DTC) formed to deliberate and manage digital migration, contrary to what COFEK claim.
“Therefore, COFEK was granted a platform on which it could express any concerns it had for consideration by the multi-stakeholder Digital Transition Committee. It is on records that COFEK did exercise these rights and expresses its concerns to the DTC,” read part of the letter.
The letter adds the CCK was surprised that despite COFEK being included in the course of consultations on the switch off date that was earlier than the recently published December 13, the consumer body threatened to institute court proceedings to challenge the new date.
“The above came as a surprise to our client in view of the fact that it took note of the issues that COFEK had earlier raised and is actively pursuing means to address them, while in the meantime, being open to dialogue with COFEK on any of its concerns in an effort to reach an amicable solution that will result in the greatest benefit to the consumer.”
The letter concluded by saying should COFEK push through with its threats then it should disclose substance of previous proceedings, its involvement in DTC and its contributions therein, notify CCK’s counsel of any urgency hearing and disclose the letter.
In a swift rejoinder a defiant COFEK has accused the CCK of attempting to twist facts by saying COFEK should have been content with the DTC membership instead of an earlier agreed convening and chairing of the nine-member committee.
“In attempting to twist facts, the CCK who were not party to initial negotiations between the MOICT (Ministry of ICT) and COFEK,” read part of COFEK’s reply.
COFEK also took issue with CCK’s request for it to disclose its contribution to DTC and the letter written to it.
“The CCK view is that in the event COFEK makes good its plan to move to court, which it will shortly, we are to disclose its’ contribution to the DTC from which they have availed no minutes indicating that Cofek ever attended any formal DTC.
“In a curious manner, CCK is vainly restrictive and prescriptive on how COFEK can access justice saying that in the event COFEK files proceedings, their letter need to be disclosed.”
It is expected that COFEK will go to court shortly.