[kictanet] FW: Day 2: The Establishment of IndependentCommuincations Commission of Kenya

[Wangusi, Francis]

From: Wangusi, Francis 
Sent: Tuesday, February 15, 2011 4:41 PM
To: Catherine Adeya
Subject: RE: [kictanet] Day 2: The Establishment of
IndependentCommuincations Commission of Kenya

 

Hi Dakatari,

 

I have been out of touch from the net for a while and day one of the
discussions passed without my knowledge. However, allow me to draw your
attention to the title "Independent Communications Commission of Kenya".
My point of reference is chapter 15 clause 248 (1&2) which establishes
Commissions in this country. This proposed name does not appear to be
among those listed. I have been pondering on whether or not this title
can be in contravention to the Constitution and if another name like
"Communications Regulatory Authority of Kenya" or something like that
can be contemplated. I also wish to comment that independence of this
body cannot be vested in the name but the powers conferred to by the law
establishing it and that is why I discount the use of the word
"Independent". Sorry for taking you back to the discussions of day one
but I think this is worthy a consideration.

 

wangusi

 

From: kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke
[mailto:kictanet-bounces+wangusi=cck.go.ke at lists.kictanet.or.ke] On
Behalf Of Catherine Adeya
Sent: Tuesday, February 15, 2011 2:17 PM
To: Wangusi, Francis
Cc: kictanet at lists.kictanet.or.ke
Subject: Re: [kictanet] Day 2: The Establishment of
IndependentCommuincations Commission of Kenya

 

Thanks Charles,

On Day 4, 5 and 6 the discussion will come up about the appointment of
the Commissioners and others. It would be nice to get your input in more
detail then so that it can be consolidated in the feedback to the
Ministry. Thank you for your contributions anyways.

However, you comment on the need to change the word MINISTER to CABINET
SECRETARY in line with the new constitution is well taken at this stage.

Nyaki

 

 

________________________________

From: charles nduati <charlesnduati2002 at yahoo.co.uk>
To: elizaslider at yahoo.com
Cc: kictanet at lists.kictanet.or.ke
Sent: Tue, February 15, 2011 12:33:22 PM
Subject: Re: [kictanet] Day 2: The Establishment of Independent
Commuincations Commission of Kenya

hi listers,

I have just read this short draft bill and it appears to me all its
doing is change the terms of commissioners appointment and its like
there are now going to be full time and not clear to me how independent
they will be from what they are now.

at the same time, it looks like the new Director general will be
appointmented only by commissioners and doesn't say if it will be
competitive and his/her security of tenure 

finaly the draft bill refers to a minister and I suppose it should now
refer to a cabinet secretary as per new constitution

those are my 3 cents

charles nduati

On Tue, 15 Feb 2011 04:23 EET Catherine Adeya 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
>
>
>
> 
>_______________________________________________________________________
_____________
>No need to miss a message. Get email on-the-go 
>with Yahoo! Mail for Mobile. Get started.
>http://mobile.yahoo.com/mail 



 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20110216/6c030563/attachment.htm>