[kictanet] Day 2: The Establishment of Independent Commuincations Commission of Kenya

[waudo siganga]

"is independent of control by government, political or commercial
interests;
In my mind this leaves a loophole by limiting the scope of those
who can interfere with independence to only 3 groups. How about,
for example, civil society groups or other groups that do not fit
in the three. How about the military, etc. I suggest there should
be a "catch-all" in addition to the 3 groups so that the reading
is like "is independent of control by government, political,
commercial or any other partisan interests;".

This also fits in with subsction 3(4) where the word "impartial"
(derived from "partisan") is introduced. In the same vein
sub-section 3(5) should be expanded in scope. Strangely there is
no consistency in this subsection because "government" is missing
and the scope is reduced to only political and commercial.
Subsection 3(5) scope should include government as well as the
catch-all.

Kind Regards,
Waudo



On Mon, 14 Feb 2011 18:23 -0800, "Catherine Adeya"
<elizaslider at yahoo.com> wrote:


Listers,
We are on Day 2 of our discussions. Thank you for your thoughts
on Day 1. It is evident that there are mixed reactions on the
Object of the Bill. We will ensure those responsible keep this in
mind and find a suitable middle ground, if any. Some feel that
the Object is unnecessary and misleading. Others believe it is
okay but what will be critical is the implementation.
So today flows from the issues on day one as Part II of the Bill
begins with:


SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS
COMMISSION OF KENYA' (Commission or ICCK hereafter, my addition):
Key issues from this section are:
  4) The Commission is independent, subject only to the
Constitution and the law, and must be impartial and must perform
its functions without fear, favour or prejudice.


Question: Does this communicate to you?


5) The Commission must function without any political or
commercial interference


Question: Again does this communicate effectively? Should the
issue of politics be separated from the commercial one? Or can we
do away with 5 as the issue should be well covered in 4?


I hope for a more vibrant discussion today as this bill is very
critical.

Enjoy,

Nyaki
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References

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