[kictanet] LISTERS WHERE ARE YOU?

Catherine Adeya elizaslider at yahoo.com
Tue Feb 15 23:15:44 EAT 2011


Listers,

You are way too quiet. This is a very important Bill and if we do not get 
adequate contributions, you cannot blame the Ministry if they take it forward 
with the contributions from very few voices. I know you are out there as I have 
seen you come out on many occasions. We move to Day 3 discussions and I 
sincerely hope and pray that I hear from more of you.

Best,

Nyaki




________________________________
From: Mwololo Tim <timwololo at gmail.com>
To: elizaslider at yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Tue, February 15, 2011 4:47:24 PM
Subject: Re: [kictanet] Day 2: The Establishment of Independent Commuincations 
Commission of Kenya

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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