[kictanet] Day 3: What Policies should inform the FOI?

Wed Feb 14 18:49:40 EAT 2007

Interesting and relevant news I have bumbed into below:

Boost to media freedom as court dismisses State order
By Jibril Adan(STANDARD NEWSPAPER 14th Feb 2007)

Press freedom received a major boost after the High Court
stopped a Government attempt to muzzle the media. While
nullifying a law requiring all television stations to
submit what they intend to broadcast for approval, the
court said there was no pressing social need for the
intended act.

It said the planned move amounted to infringement of
Kenyans’ rights. The law would even have required media
houses to seek clearance for live broadcasts. "This is an
outrage and an affront to democracy," said a Bench
comprising Justice Joseph Nyamu and Justice Milton
Makhandia.

They were giving their verdict in a case challenging a
Kenya Gazette notice issued by then Information minister,
Mr Musalia Mudavadi.

The Story continues in todays Standard Daily @
http://www.eastandard.net/hm_news/news.php?articleid=1143964847

walu.
nb: mmhh...I would have imagined the current .KE government
would have withdrawn such a case rather than let it run
into the current embarassing ruling. But maybe...could
there be a chance that there are some people (in Govt) who
may have wanted to win such a case? Interesting development
and ruling...

--- joseph kihanya <kihanyajn at yahoo.com> wrote:

> Hi,
> 
> Thanks Walu.
> 
> Between my Intro and your post I think that is the
> summary for the day!
> 
> Alex, I  am making a  comment on your post too.
> 
> Oh well, day 4 approaches.
> 
> All the three days themes are open to all until friday 
> when I must summarise al comments to present on Tuesday
> 20th .
> 
> Kihanya
> 
> ----- Original Message ----
> From: John Walubengo <jwalu at yahoo.com>
> To: kihanyajn at yahoo.com
> Sent: Wednesday, February 14, 2007 3:42:08 PM
> Subject: Re: [kictanet] Day 3: What Policies should
> inform the FOI?
> 
> 
> Thanx Kihanya for your efforts.  Indeed this is a fairly
> un-convential topic in that it has no obvious or
> immediate
> financial connotations - hence the slower responses...
> 
> But back to my contribution.  I think the policy
> informing
> the Freedom Of Information bill should look towards
> empowering the citizens through facilitating their access
> to knowledge/information.  We need to think through how
> our
> collective data regarding our heritage, history, social
> and
> economic  transactions can be harnessed and made to serve
> the common good.
> 
> I know this bill has tended to create controversy because
> it has often been looked at in the narrow terms of the
> Govt
> vs the Media i.e.  Media seeks info visa-vis Govt sits on
> Info. True, this could be one of the issues but it should
> not limit our scope because the bill should be a
> reflection
> of broader policy issues that touch on different data
> sitting on various platforms such as (Private) Media
> Broadcasters, Mobile service providers, ISPs, eBankers,
> etc. 
> 
> How for example can KTN be asked to share (or sell) their
> valuable film clips to the Kenya Archives dept? How can
> the
> East African Standard avail their 100years+ data to the
> public?  When or Why should Safaricom/Celtel divulge the
> SMS transcript of a certain subscriber to the Police, to
> the Media or the Private Investigator? What kind of data
> security standards and practices should we place for
> critical and national data stores such as KRA, KPA,
> Immigration, etc? What of the Certification Authority
> (CA)
> providers that are likely to play a cenral role in a
> future
> eCommerce environment, how will they collect, protect and
> avail their data?
> 
> So I think these are some of the Policy issues that need
> to
> be thrashed out in the process of coming up with the
> final
> FOI bill.
> 
> walu.
> 
> 
> 
> 
> 
> --- joseph kihanya <kihanyajn at yahoo.com> wrote:
> 
> > Dear All,
> > 
> > I trust we may now move on to day 3. Those with
> comments
> > still on day 1 and 2 can still do so.
> > The themes were...
> > 
> > Day 1: Why Freedom of Information  (FOI) Act?
> > Day 2: What are the current modalities for accessing
> data
> > held by Data Handlers (Govt or Private Sector)?
> > 
> > 
> > Today's topic really looks as to waht should be the
> basic
> >  reasoning behind the FOI policy and hence law.
> > 
> > The principles listed hereunder have been recognized by
> > Article 19 ( an international organizatioin dealing
> with
> > freedomm of te press and related issues) as what should
> > guide the FOI laws(policy).
> > 
> > • PRINCIPLE 1. Maximum disclosure 
> > 
> > That the law should seek this as its underpinning
> > philosophy.
> > 
> > • PRINCIPLE 2. Obligation to publish
> > 
> > That there should be an obligation to publish and
> > requests should be for non-crucial/ essential / bulky
> > information.
> > 
> > • PRINCIPLE 3. Promotion of open government 
> > 
> > That the  law should promote / recognise  the
> importance
> > of open government.
> > 
> > • PRINCIPLE 4. Limited scope of exceptions
> > 
> > That the exceptions should be clear , precise and
> > allowable in a democratic society/ i,e should not take
> > away what the law seeks to grant.
> >  
> > • PRINCIPLE 5. Processes to facilitate access
> > 
> > Clear processes for request should exist.
> > 
> > • PRINCIPLE 6. Costs
> > 
> > These should be kept at a  minimum for the public has
> > already paid for the creation of the information
> through
> > taxation.
> > 
> > •  PRINCIPLE 7. Open meetings 
> > 
> > Other than informnation, there should bea  promotion of
> > open dialogue at decsion making level.
> > 
> > • PRINCIPLE 8. Disclosure takes precedence 
> > 
> > The tests that are to be applied by the commssioner and
> > the appeal tribunal should seek disclosre unless the
> > exceptions and the public interest demand otherwise.
> > 
> > • PRINCIPLE 9. Protection for whistleblowers 
> > 
> > That those who disclose information that is in the
> public
> > interest, inspite of the exceptions should not be
> > victimised/ should be protected.
> > 
> > 
> > Lets go!
> > 
> > Kihanya
> > 
> > 
> >  
> >
>
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> 
> 
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