[kictanet] Independent Communications Commission of Kenya
Catherine Adeya
elizaslider at yahoo.com
Fri Nov 19 16:02:27 EAT 2010
Mr Wangusi,
This is very informative and would help steer the discussion in the right
direction. It may help to trickle it down further with a few clear questions .
My experience with Kictanet is that if issues are just lumped together people
will talk 'above each others heads' and also 'above the issues'. My proposal is
maybe to start with one Bill and break down what the key issues are that may
require further discussion. Hopefully someone will be collating these with a
view to the wider discussions whether in Mombasa, Siaya or Seychelles :-).
Therefore, you could break the discussions with the following two headings so it
is clear what people are focusing on:
Bill 1: The creation of Independent Institutions of the Media Council
Bill 2: The creation of the Independent Communications Commission of Kenya.
There would also be a little background information, such as, reminding people
what is contained in Articles 34 (3) & (5) of the Constitution...even in summary
form.
I can already see a question tucked in what you wrote....Who is real an
independent regulator? It is good you give some guideline based on one author
and this could be a basis of discussion but open to Stakeholder's opinions as
they will put the local context in mind. This could be discussed over 1 or 2
days.
Another question I see that could come at the tail end is: Is there a need to
rename CCK or what you refer to as the Independent Communications Commission
of Kenya? The background to this would be to overcome what you believe to be
the potential contravention of Chapter 15 of the new constitution...which
would be nice to summarize as well, just key highlights of concern that directly
impact on the question.
I hope I am on the right track with these as I have not looked at the Bills yet
but just drawing from your email.
Alice and Walu...your 2 cents worth here would be valuable so we can steer these
discussions in the right direction.
Best,
Nyaki
________________________________
From: "Wangusi, Francis" <Wangusi at cck.go.ke>
To: elizaslider at yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Thu, November 18, 2010 8:29:28 AM
Subject: Re: [kictanet] Independent Communications Commission of Kenya
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.
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> Email: sales at eva.co.ke | www.eva.co.ke � 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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