[kictanet] Day 1: Debate on the Independent Communications Commission of Kenya Bill 2010

Mon Feb 14 15:10:36 EAT 2011

Hi Nyaki  

Thanks for initiating the debate on how we want the sector be governed going
forward .  today's topic is crucial because it sets the philosophical
foundation  for  the rest of the  document .

In discussing this document it is  important to take notice ( not judicial
notice as lawyers  would say) of the  experience of  Kenya Communications
Act 1998 (KCA 98) and the subsequent amendment in 2010, the existing ICT
policy document , the demands of new constitution and the directions  of
vision 2030. International trends are also an imperative . With this context
I note as follows 

-           Both KCA 98 and the amendment 2010   reflected and emanated from
a  policy framework developed by largely government and the erstwhile
incumbent  KPTC and the national stakeholder groups  respectively. This
draft bill departs from the trend and certainly misses the collective wisdom
and  aspiration of the stakeholders which should provide for the purpose of
the bill in the first place .  I  would like to understand how the  policy
framework will evolve.  If this is enacted,  then certainly it spells doom
to the current  policy  and  it will not make sense to make a policy when a
new  Act is in place 

-          The  bill establishes a regulatory tool - regulate appears  in c
& d- . this is in contrast with the existing  Act which in its preamble
recognise  to ' facilitate development' of the sector.  With only 56%
penetration and 40% spatial coverage , very low data usage and uptake   of
broadband  and  applications , I think we have a long way to go and if the
commission will not be a development tool  but only regulating, then we need
to have an agency that will compliment  this role . it is feasible for the
commission to do both by setting frameworks that promote nationwide and
equitable growth.  Growth is key and needs to appear in the preamble 

-          With evolution of such commissions internationally , the language
and philosophy has changed over time - from control philosophy to
facilitation and sector leadership philosophy  . the old style regulators
provided solutions, sought to protect  the people or sector, restore order
or maintain norms. This is not feasible today and going forward ,we need
sector leaders  to scan the environment and the future and  nudge the sector
forward 

-          Since KCA 98, the supply side has grown rapidly and although
there is  work to do, the greatest challenge going forward is demand side .
the  preamble sets standards for intervention on the supply side but not
demand side . this needs to be included 

-          The operative language which is emphasised is independence. This
language was there  in the KCA 98 and its amendment 2010  but  certainly
could  not be achieved .  The Bill sets a very high standard which  will be
difficult to realise .  as we go through the rest of the document  that
operationalise the preamble, let us consider  three dimensions of
independence i.e. structural independence, financial independence and
functionality. The Bill can provide structural  independence but the rest
are a function of the market and the effectiveness of the Commission.  When
a market is a near monopoly ,  structural independence is inadequate  to
realise independence that is desired by the bill. It is worthwhile the near
monopoly was  a function  of the market   dynamics under the influence of
the regulator.

cheers 

Muriuki Mureithi 

Those who bring sunshine to the lives of others cannot keep it from
themselves. Sir james m barrie

From: kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.ke
[mailto:kictanet-bounces+mureithi=summitstrategies.co.ke at lists.kictanet.or.k
e] On Behalf Of Catherine Adeya
Sent: 14 February 2011 09:13
To: mureithi at summitstrategies.co.ke
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Day 1: Debate on the Independent Communications
Commission of Kenya Bill 2010

Dear Listers,

Happy Valentine's day.

Today we begin our debate on the Independent Communications Commission of
Kenya Bill. If you need a reminder of what we are doing, please check the
email below.

The issue for today is simply (I have copied it verbatim as it appears in
the Bill): 

Object of the Act which is to establish an independent Commission which: 

a) is independent of control by government, political or commercial
interests;

b) reflects the interests of all sections of the society;

c) sets media standards and regulate and monitor compliance with those
standards as required by section 34 of the Constitution

d) regulate communications in the public interest; and

e) Achieve the objects contemplated in the Act.

What is your take on this?

Best Regards,

Nyaki

  _____  

From: Catherine Adeya <elizaslider at yahoo.com>
To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Cc: Nyaki C. Adeya <elizaslider at yahoo.com>
Sent: Thu, February 10, 2011 10:54:09 PM
Subject: Forthcoming Discussions on the Independent Communications
Commission of Kenya Bill 2010 14-25 Feb.

Dear Listers,

After a healthy and heated debate on the Media Council Bill 2010, next week
(on Valentine's day to be exact) we will move on to the following
discussion:

Topic: The Independent Communications Commission of Kenya Bill 2010

Venue: Here on the KICTANET list

Participants: You

Duration: Mon.14 th Feb - Fri. 25 Feb. 2010 

I have decided to send out this notice early enough so you have time to
download the Bill and read it. The Bill has four main Chapters:

 CHAPTER I : INTRODUCTORY PROVISIONS: Definitions etc.

 CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: Establishment
of the Independent Communications Commission of Kenya.

CHAPTER III: COMMITTEES

CHAPTER IV: TRANSITIONAL PROVISIONS: Transfer of Staff

FIRST SCHEDULE: LAWS AMENDED OR REPEALED

                                          : MEMORANDUM OF OBJECTS AND
REASONS

However, we will focus our discussions mainly on Chapter II, III and IV for
obvious reasons.

You can access 'The Independent Communications Commission of Kenya (ICCK)
Bill' at the Ministry of Information and Communications website:
<http://www.information.go.ke/> http://www.information.go.ke/

 To be more exact you can find it at:
http://www.information.go.ke/index2.php?option=com_docman
<http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid
=19&Itemid=37> &task=doc_view&gid=19&Itemid=37

The ten day discussions will focus on critical and gnawing issues. We will
summarize the discussions as we go along.  

Date 

Focus

Mon 14 Feb. 2011

Object of the Act which is to establish an independent Commission...

Tue 15 Feb.

 SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF
KENYA' 

Wed 16 Feb

SECTION 4: FUNCTIONS OF THE COMMISSION 

Thur 17 Feb.

SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION

SECTION 6: DISQUALIFICATION 

Friday 18 Feb.

Day 5 and 6:

>From p. 7-8

SECTION 7: TERMS OF OFFICE

SECTION 8: REMOVAL FROM OFFICE

SECTION 10: REMUNERATION

SECTION 12: CONFLICT OF INTEREST

Mon 21 Feb.

SAME AS FRI. 18 FEB. 2011.

Tue 22 Feb.

SECTION 14:  STAFF TO THE COMMISSION. 

Wed 23 Feb.

SECTION 18: DISSOLUTION OF CCK

SECTION 19: TRANSFER OF STAFF

SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS

Thur 24 Feb

SECTION 21: LEGAL PROCEEDINGS

SECTION 22: LEGALITY OF ACTS

Fri 25 Feb.

Recap any pending issues that have not been dealt with in detail.

 See you all next week...I look forward to healthy discussions.

Best Regards,

Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)

  _____  

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