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

Tue Feb 15 19:00:51 EAT 2011

Yes  Dr. Ndemo. 

It is the wearer who know where the shoe pinches. But the Media Act 2010 does not seem to recognize that KCA has a stake and has more of the wearers who have been or are pinched by the shoes! KCA does not feature among the organizations that will form part of the consultative team before appointment. We are certain to make representations on this either directly or through the Task Force being put in place by the Media Council. Could the drafters missed the fact that the bill needed to build on the gains inherent in the Media Act 2007, even in the stakeholder representation, among others?

Oloo Janak.

--- On Mon, 2/14/11, bitange at jambo.co.ke <bitange at jambo.co.ke> wrote:

From: bitange at jambo.co.ke <bitange at jambo.co.ke>
Subject: Re: [kictanet] Day 1: Debate on the Independent Communications Commission of Kenya Bill 2010
To: williamjanak at yahoo.com
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Monday, February 14, 2011, 9:55 AM

"is independent of control by government, political or commercial
interests" we spent many hours trying to understand this subsection and
the reason why we brought in Judiciary, we wanted to create some sense of
independence and neutrality.  We read it to mean that MOA has no stake in
Media Council since they habour commecial interests.  But as we create a
broad stakeholder taskforce to get us into some concesus, some MOA members
argue that since the word "stakeholder" is not defined in any statute, it
is only them (MOA) to prescribe what the practitioners need to regulate
themselves.

As it is said "it is the wearer who knows where the shoe pinches",
Editors's Guild and Article 19 have the greatest stake assisted by ICJ,
LSK,KUJ, KCA, KJA, AMWIK, FCAEA etc.

Regards

Ndemo.

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.

>
>
>
>
>
> ________________________________
> From: Catherine Adeya <elizaslider at yahoo.com>
> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Sent: Mon, February 14, 2011 9:12:42 AM
> Subject: 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/
>  To be more exact you can find it
> at:
> http://www.information.go.ke/index2.php?option=com_docman&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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