Kenyan media houses in a last-minute challenge to the East African country’s December 13 digital migration deadline want three judges to making a ruling on the lawsuit.

Nation Media Group, Standard Media Group and Royal Media Services, through their lawyer, Paul Muite, are challenging the deadline which they argue is unconstitutional.

The broadcasters, which have previously compiled a petition against the deadline, have argued that government has not put in place proper infrastructure to ensure a smooth migration.

The three companies have further alleged ‘unfair denial’ for signal distribution licenses.

“I think it is the first time that we are arguing out Article 3 which is the Constitutional right for broadcasting,” said Muite while making the request to the High Court.

Judge David Majanja, a High Court judge, ordered Muite to serve copies of the application to lawyers representing both sides of the case and further directed that they both appear before the court on Tuesday.

The hearing on Tuesday is set to decide whether a three-bench judge panel will hear the case.

If the High Court does not stop the pending migration, Kenyans will have to buy the set top boxes that convert analogue signals to digital signals at an estimated cost of $35.

Citizens in Nairobi and its environs are planned to be the first to experience digital migration while the process will then be rolled-out across the rest of the country.