[kictanet] Independent Communications Commission of Kenya

Sun Nov 21 06:47:11 EAT 2010

I agree with Nyaki on the need for a structured discussion, as outlined.
Regards. tm

On Fri, Nov 19, 2010 at 5:02 AM, Catherine Adeya <elizaslider at yahoo.com>wrote:

>  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 <kictanet-bounces%2Bwangusi>=
> 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 <kictanet-bounces%2Bkairo>=
> 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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> >> kictanet at lists.kictanet.or.ke
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