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

[Catherine Adeya]

Summary Day 1
Some of the issues that came up on Day 1 are (any others will be comprehensively 
captured in a Report):
 
1.      1. A lister was concerned that  in chapter 15 clause 248 (1&2) which 
establishes Commissions in this country, the ICCK name does not appear to be 
among those listed. So is this title in contravention to the Constitution and if 
another name like “Communications Regulatory Authority of Kenya” or something 
like that can be contemplated. 



2.      2. The independence of  the ICCK cannot be vested in the name but the 
powers conferred to by the law establishing so one lister believes we should 
discount the use of the word “Independent”. 



3.      3.The Need for a policy framework that informs the Bill

4.      4. The issue that the Bill establishes a regulatory tool with constant 
use of the word ‘regulate’ when in essence the KCA Amendment Act recognizes 
 that is should ‘ facilitate development’ not ‘regulate’. 



5.      5. A lister was concerned that CCK should not be the body that sets 
Media standards as currently stipulated in the Bill. This is similar to a query 
that the Constitution refers to only on Media regulatory body…so is it the Media 
Council or CCK.

6.      6. A response from government was that on the issue of "is independent 
of control by government, political or commercial
interests”, they wanted to create some sense of independence and neutrality.  
They believe that MOA has no stake in
Media Council since they harbour commercial interests.  


7.      7. One lister expressed the following verbatim “The Bill sets a very 
high standard which  will be difficult to realise .  As we go through the rest 
of the document  that operationalise the preamble, let us consider  three 
dimensions of independence i.e. structural independence, financial independence 
and functionality. The Bill can provide structural independence but the rest are 
a function of the market and the effectiveness of the Commission.  When a market 
is a near monopoly, structural independence is inadequate to realise 
independence that is desired by the bill. It is worthwhile the near monopoly 
was a function  of the market   dynamics under the influence of the regulator”.


      
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