[kictanet] Day 4: Consitutions and Appointment of Commissioners to the Commission

[Catherine Adeya]

Listers,

As we continue our debate on the draft 'Independent Communications  Commission 
of Kenya Billl 2010'  we recall how yesterday, we opened the discussion on the 
functions of the Commission where the key issue is that the ICCK will have to 
perform duties imposed on it by the former Commission. We did not have many 
contributions and I should not give my viewpoint too much but in this case 
indulge me. I believe the word ‘imposed’ must go. 



The other contribution was by Waudo mainly concerned with whether the ICCK will 
continue in its policy formulation function or whether it will be clear that it 
is meant to implement policy. He argued that since ICCK will take over whatever 
CCK has been doing then how does one deal with the aspect of being “independent 
of control by government” when in essence CCK votes at the ITU based on 
instructions from the Government of Kenya. If you want to continue anything on 
the Day 3 discussions kindly do so under the relevant header…contributions are 
still welcome.

Today is Day 4 and  we move to:
 SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO THE COMMISSION
SECTION 6: DISQUALIFICATION 

SECTION 5:
The Commission consists of 7 Commissioners appointed by the President on the 
recommendation of the Public Service Commission (PSC).

Process:
1. Minister consults with PSC within 7 days of commencement of the Act ad 
declares vacancies and request for applications.
2. Application to be forwarded to PSC within 14 days of notice (by a qualified 
person or person/organization/group proposing qualified person)
3. PSC interviews and shortlists 2 people qualified for Chairperson and 9 people 
for members
4. Within 7 days President appoints Chairperson and members.

Question: Is this process fluid enough?

Key issue I would also like you to consider:
pg. 5, Section 5 (No. 3) about the type of person to be appointed, in a 
nutshell:
- Committed to fairness, freedom of expression, etc.
- Represents a large cross-section of the population

I am particularly interested in No. 3 (ii) [which requires serious editing 
anyway, I have done a little of it below though still wordy]:
(ii) Possess suitable qualifications, expertise and experience in the fields of, 
amongst others, broadcasting, telecommunications, law, media and economics; and 
any other related expertise.

Question: What are your thoughts on the kind of Commissioners needed? Do you 
think there should be a little more here about the calibre of a Chairperson? 
Where do gender issues come in? Or rather gender balance as this is still a 
problem in many of these appointments in Kenya.

SECTION 6:
Disqualification: There is a whole list of reasons on pg. 6, Section 6 on people 
who cannot be appointed to the commission. It includes:
- is not a Citizen of the Republic (I think this should be simply Kenya)
- is a public servant or holder of any other remunerated position under the 
State
- is an employee or employee of any party, movement..etc.
- has been convicted of any criminal charges…

Question: Read through and see if they are satisfactory? One that is not clear 
and in my view needs serious editing is:

6. (1) f.  A person may not be appointed as a Commissioner if he or she or his 
or her  business partner or associate holds an office in or with, or is employed 
by, any person or body, whether corporate or unincorporated, which has an 
interest contemplated in paragraph (f):

HELP! I am supposed to be a moderator, but who understands this or can make it 
simpler but clearer. It definitely needs to change.

Best Regards,

Nyaki


      
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