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

[Catherine Adeya]

This did not come through yesterday....do not know why...sorry...

Nyaki



----- Forwarded Message ----
From: Catherine Adeya <elizaslider at yahoo.com>
To: Catherine Adeya <elizaslider at yahoo.com>
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Wed, February 16, 2011 9:29:52 PM
Subject: Summary  Day 1: Debate on the Independent Communications Commission of 
Kenya Bill 2010


Summary Day 1
Some of the issues that came up on Day 1 are (any others will be comprehensively 
captured in a Report):
 
1.     Mr Wangusi 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.      He added that 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.    Muriuki suggested the need for a policy framework that informs the Bill

4.      Muriuki further reiterated theissue 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.      G. Githaiga 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 
by Wamuyu that the Constitution refers to only on Media regulatory body…so is it 
the Media Council or CCK.

6.      Dr Ndemo gave aresponse 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.      Muriuki concluded by expressing 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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