[kictanet] Independent Communications Commission of Kenya

Thu Nov 18 11:52:01 EAT 2010

Dear Bw Wangusi - thank you for making the effort to articulate the
areas that we need to mapped onto the Independent CCK bill. I think this
forms an important foundation for discourse and debate on this list and
other fora in preparation for the final forum which I expect to be
rounding up findings rather than starting discussion from point A. I
think the stakeholdler groups should carry out rigourous discussion and
preparation before the forum and, from experience and for practical
purposes, the forum should be be held as a RETREAT (where there is 100%
concentration) for key experts and representatives of the wider
communities. 

Kind Regards,
Waudo
On Thu, 18 Nov 2010 08:29 +0300, "Wangusi, Francis" <Wangusi at cck.go.ke>
wrote:
> 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).
> 
> -----Original Message-----
> 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 bitange at jambo.co.ke
> Sent: Wednesday, November 17, 2010 11:43 PM
> To: Wangusi, Francis
> Cc: 'KICTAnet ICT Policy Discussions'
> Subject: Re: [kictanet] Independent Communications Commission of Kenya
> 
> Edith,
> My Mombasa proposal is not cast in any stonem. It just because I have had
> more successes there than here in Nairobi.  We can have a meeting
> anywhere if we all are committed to coming up with a good policy
> framework.  I do not know about the net and random catches.  I need
> serious input.
> 
> Democracy by nature is anarchical and the greater you try to cover more
> people, the more expensive and the less likely in becomes to progress the
> law.  This is a well founded theory and that is the reason expert opinion
> is more valuable at this stage.  The people will be taken care of by
> their reps unless you made the mistake to pass the supreme governance
> document.
> 
> Ndemo.
> Ndemo.
> 
> 
> Sent from my BlackBerry®
> 
> -----Original Message-----
> From: Edith Adera <eadera at idrc.or.ke>
> Date: Wed, 17 Nov 2010 23:00:10
> To: bitange at jambo.co.ke<bitange at jambo.co.ke>
> Cc: 'KICTAnet ICT Policy Discussions'<kictanet at lists.kictanet.or.ke>
> Subject: RE: [kictanet] Independent Communications Commission of Kenya
> 
> Bwana Ndemo,
> 
> This time around I'm not convinced. The major concern is that Mombasa
> gives you an "exclusive group of people", the "usual suspects". 
> 
> In the spririt of the new constitution I think we need to cast our net
> wider...involve more Kenyans. We must lead by example in showing how the
> latest technology - both old and new - can be used to engage Kenyans. For
> example your PS colleague from Ministry of Roads was on radio and TV last
> week being grilled by Kenyans about the plans for our roads and people
> asked him tough questions (sms feedback was also integrated into the
> show). We need to see more innovative ways to engage Kenyans.
> 
> my two cents
> 
> 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: bitange at jambo.co.ke [bitange at jambo.co.ke]
> Sent: 17 November 2010 10:20
> To: Edith Adera
> Cc: 'KICTAnet ICT Policy Discussions'
> Subject: Re: [kictanet] Independent Communications Commission of Kenya
> 
> Edith,
> Due to our peculiarities and need for consistent participation Mombasa
> seems to be the Dawa.  Everytime we plan a two day conference around the
> city, people either choose to attend one day or intermintently while
> attending to other needs.  In the end it takes you longer to get any
> concesus.  I let you to try this because in the end it becomes expensive.
> 
> Regards
> 
> Ndemo.
> 
> 
> Sent from my BlackBerry®
> 
> -----Original Message-----
> From: Edith Adera <eadera at idrc.or.ke>
> Date: Tue, 16 Nov 2010 21:51:30
> To: bitange at jambo.co.ke<bitange at jambo.co.ke>
> Cc: 'KICTAnet ICT Policy Discussions'<kictanet at lists.kictanet.or.ke>
> Subject: RE: [kictanet] Independent Communications Commission of Kenya
> 
> 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.
> >>
> >>
> >>
> >>
> >>_______________________________________________
> >> kictanet mailing list
> >> kictanet at lists.kictanet.or.ke
> >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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