[kictanet] Independent Communications Commission ofKenya-Policy Process

Wed Nov 17 13:21:30 EAT 2010

Hi Folks,

May I take this opportunity to sway you away from the monotony of discussing where the next forum for deliberating on the two bills should be to the real issues in the two bills. The two bills are for the creation of  independent institutions of the Media Council and the Independent Communications Commission of Kenya. I must pat the drafters of these two bills on their backs for having identified the actual areas of concern and their attempts to realign them with articles 34 (3) & (5) of the constitution. It is important for us to address the issues raised in this bills in an attempt to come up with bills that will guarantee the existence of a wide range of independent and autonomous media in the broadcasting sub-sector. of course proportionate regulation is essential to guarantee the freedom of media while at the same time ensuring a balance between that freedom and other legitimate rights and interests. Perhaps most importantly in order to preserve broadcasting as part of the democratic process, we should aim at creating independence in regulatory institutions dealing with broadcasting in the sector. the question that begs in the minds of many is who is real an independent regulator?  According to Eva Solomon, an independent regulator can be obtained by using the following criteria;

·         Means of appointment:  should be clearly set out in law and should be done in a democratic and transparent manner.

·         Remit of the regulatory authority: duties and responsibilities of an independent regulator should be clearly set out in law as should the means through which they will be held accountable.

·         Terms for termination of appointment: one of the most invidious ways in which a regulatory authority can be subject to political pressure and influence is through the threat of dismissal. Thus the law must state clearly the factors which may lead to dismissal.

·         Funding: funding can be used as a means of exerting political pressure. Terms of funding should be set out in law, and whenever possible be kept separate from any potential political interference.

·         Conflicts of interest: apart from being independent of political forces, members of the regulatory authority must be free from any potential personal conflict of interest with the broadcasting sector.

Perhaps, based on the above arguments, folks; you can analyze the two  bills and see if they actually meet the above criteria and/or propose appropriate changes in order to expedite the process before the next forum. I want to propose that in order to overcome the potential contravention of chapter 15 of the new constitution, the Independent Communications Commission of Kenya be named Independent Communications Regulatory Authority of Kenya (ICRAK).

From: kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke [mailto:kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke] On Behalf Of Walubengo J
Sent: Wednesday, November 17, 2010 11:15 AM
To: Wangusi, Francis
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Independent Communications Commission ofKenya-Policy Process

Folks,

At this rate, I would suggest why not host ALL the environments (Start at Mukurwa-kwa-Njenga, head to Umoja, passby Buru and then Karen and finally Sun n Sand?)

I guess its all a matter of what you think is the most efficient and effective way of hearing and collating data from the people (public) - given certain constraints like time, budgets and availability of "knowledgeable" of participants. Which begs the question that many Policy experts on this list could answer: 

Is the Quality of a Policy a function of the Number of Participants? Alternatively, what are the Key metrics/indicators for a good Government Policy? 

walu.
disclaimer: host environments were randomly selected and not necessarily ordinal ;-)
--- On Wed, 11/17/10, Wainaina Mungai <wainaina.mungai at gmail.com> wrote:

From: Wainaina Mungai <wainaina.mungai at gmail.com>
Subject: Re: [kictanet] Independent Communications Commission of Kenya
To: jwalu at yahoo.com
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Wednesday, November 17, 2010, 4:46 AM

I second Edith, let us have the consultations at Bomas or other hall(s) in the suburbs of Nairobi. We need to move away from the expensive 'default setting' of having all policy discussions at the Sun-and-Sand Beach Resort.

Participation via SMS, web and other modes should be admissible this time round.

Wainaina

On Tue, Nov 16, 2010 at 9:51 PM, Edith Adera <eadera at idrc.or.ke> wrote:

Bwana Ndemo,

This is "music to my ears". It's gratifying to see that citizens are now placed at the heart of policy-making in Kenya!

Incidentally, we have just approved funding for a comprehensive study to review "the right to information and citizen participation in parliamentary affairs in Kenya" - we hope that the findings will inform the review of policies and standing orders to entrench citizen participation in parliament.

Can we find more effective and less expensive ways of engaging citizens in policymaking processes, must it be Mombasa? why not a decent hall in the suburbs where ordinary Kenyans can also give their views?

Edith

________________
Edith Ofwona Adera
Senior Program Specialist
ICT4D Program and Climate Change & Water Program
International Development Research Centre | Centre de recherches pour le développement international
Regional Office for Eastern and Southern Africa
Tel: +254202713160 | Fax/Téléc: +254202711063 | Skype: edithadera
eadera at idrc.or.ke | www.idrc.ca | www.crdi.ca
________________________________________
From: kictanet-bounces+eadera=idrc.or.ke at lists.kictanet.or.ke [kictanet-bounces+eadera=idrc.or.ke at lists.kictanet.or.ke] On Behalf Of bitange at jambo.co.ke [bitange at jambo.co.ke]
Sent: 16 November 2010 16:54
To: Edith Adera

Cc: 'KICTAnet ICT Policy Discussions'

Subject: Re: [kictanet] Independent Communications Commission of Kenya

Listers
Talking of reforms.  We have posted two Bills, that is the Independent
Communications Commission of Kenya and the Independent Media Council, on
www.information.go.ke.  The two far reaching pieces of legislation were
necessitated by the new Constitution.  I need your input by mid January
before we plan a major conference (the constitution requires comprehensive
stakeholder participation before any policy proposal becomes law) in
Mombasa.  After we establish concesus the Bills will be sent to the Kenya
Law Reform then Constitutional Implementation Committee then the AG's
office and finally to Parliament.  We will get another chance to view the
Bills after the first reading in Parliament.  The whole process is to take
less than six months.

The Freedom of Information and Data Protection Bills are making progress
too and we shall keep you updated.

Regards

Ndemo.

> Dr. Ndemo, you are right that we are overdue for comprehensive reforms
> when it comes to how we run and manage our parastatals.
>
> However, I think that is exactly the kind of change that Yawe is proposing
> to bring about. I'm delighted that someone like Yawe who obviously has
> extensive experience in converging ICT with business, can be bold enough
> to stand up and say I can do it. Barack Obama in his book Dreams of My
> Father spoke about how leaders seeking the highest elective office must
> have an outsized ego. They must believe that they can do something better
> than everyone else, even if that something seems impossible. With Yawe, I
> can personally say that he has the brains, skills, motivation and ego to
> meet the challenges of being the post-master general.
>
> Look forward to your appointment Yawe.
>
> With Kind Regards,
> Harry Karanja
> Senior Consultant, EVA
>
>
> Eva - The Executive Virtual Assistant who saves you time and money, and
> increases your revenue by handling customer care, sales & marketing,
> website marketing, and appointments at an affordable monthly price.
> A service by Business Made Simple
> Genius Executive Centre. 15th Floor View Park Towers, Nairobi Kenya
> PO Box 40665 Nairobi 00100 Tel: +254-20-2321294 Mobile: +254-751-773-087
> Email: sales at eva.co.ke  | www.eva.co.ke
> ï   Thank you for considering the environmental impact of printing emails.
>
> -----Original Message-----
> From: kictanet-bounces+kairo=softlaw.co.ke at lists.kictanet.or.ke
> [mailto:kictanet-bounces+kairo=softlaw.co.ke at lists.kictanet.or.ke] On
> Behalf Of bitange at jambo.co.ke
> Sent: Monday, November 15, 2010 10:03 PM
> To: kairo at softlaw.co.ke
> Cc: KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Yawe for Post Master General
>
> Jane,
> You are right to some extent.  Ministries do not have unlimited power over
> their parastatals.  You recall as Hon. Michuki cleaned the Transport
> ministry, the Ports Authority was at the verge of collapse.  There are
> intricacies in the running of state corporations that you are not aware
> of.  They are managed by many agencies such as the State Corporations
> Advisory Council, Inspector General of State Corporations and not
> forgetting the unions.  It is not as simple as you think.  Several
> variables affect the way they operate.  Comprehensive reforms may be
> necessary.
>
> Ndemo.
>
>
>
>> Hi Robert,
>>
>> Thank you for a very well outlined vision.
>> How I wish the appointing authority would give you an opportunity.
>>
>> Meanwhile,I choose to strongly disagree with Bwana PS in regard to the
>> legacy
>> issues he raised.
>>
>> Yawe's vision is comprised of income generating ideas e.g.Renting out
>> banking
>> hall space, Advertising, Selling airtime etc,very minimal resources are
>> required
>> and if anything the organisation would be assured of immediate
>> returns.From the
>> vision I also see numerous job opportunities being created through
>> Ecomerce and
>> the eventual door delivery of mail.
>>
>> Listers, I draw inspiration from how Hon Michuki transformed the public
>> transport sector.
>> He used the same staff his predecessors had used,no retraining,no
>> retrenchment
>> or work force overhaul;just a man who decided to bring sanity on the
>> roads
>> and
>> sanity he brought.
>> Similarly,it also took one man,same task force,same conditions,to undo
>> all
>> what
>> had been done by Hon Michuki at Ministry of Transport.
>> Again Hon Michuki moved to Min of Enviroment,we could have heard excuses
>> of how
>> much resources were needed to clean Nairobi
>> river........................again
>> the river got cleaned.
>>
>> Personally I believe its all dependent on the person at the top.
>> Under our current situation I dont expect Yawe to immediately replace
>> Maj
>> Gen
>> Hussein Ali but the least I would have expected is in the meantime Yawe
>> be
>> introduced to the Post Master General to share on how some of his ideas
>> can be
>> implemented as we wait for the resource and legacy issues to get
>> resolved.
>>
>> Jane Kagiri
>> kagirijane at yahoo.com
>>
>> Its impossible to build a tribute of success on a foundation of excuses.
>>
>>
>>
>>
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