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

[Mwololo Tim]

Dear all,

I like (4).

I also like Siganga's change in (5). I would however change it further to
read:

(5) The Commission must function without any interference from political,
commercial or other partisan interests.

Regards

tim

On Tue, Feb 15, 2011 at 4:09 PM, waudo siganga <emailsignet at mailcan.com>wrote:

>  "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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